User Agreement / Disclaimer
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R+S A/V Media Solutions UG
Richard Wager Strasse 8
D-76669 Bad Schönborn
Tel. + 49 (0) 72 53 / 800 97 74
Fax + 49 (0) 72 53 / 800 97 75
TERMS AND CONDITIONS OF HIRE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of R+S Media Solutions UG. If you do not agree to any term or condition, you should not use this site.
I. COPYRIGHT NOTICE.
This World Wide Web site and all of its content, including but not limited to the text and images used herein and their arrangement, is copyright ©2002 - 2010 R+S Media Solutions UG.
II. TRADEMARKS NOTICE.
R+S Media Solutions UG and all other R+S Media Solutions UG names, businesses, and products referenced herein are trademarks or registered trademarks. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. R+S Media Solutions UG does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.
III. RESTRICTIONS ON USE.
No permission is granted for use the materials, information, text or graphics, and/or to hyperlink other Web Sites with this Web Site, or to use the materials on your Web Site in any way or for any reason without prior specific authorization from R+S Media Solutions UG.
R+S Media Solutions UG reserves all rights not expressly granted herein.
IV. THIRD PARTY SITES.
R+S Media Solutions UG may from time to time provide links and pointers to Internet sites maintained by third parties ("third party sites") and it may from time to time provide materials from third parties on this Web Site. These third party sites and any third party materials are provided for your convenience only. R+S Media Solutions UG does not operate or control in any respect any information, products or services available on these third party sites and R+S Media Solutions UG is not responsible for their content. R+S Media Solutions UG makes no representations whatsoever concerning the content of these sites and the fact that R+S Media Solutions UG has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by R+S Media Solutions UG with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.
There are certain risks in using any information, software, or products found on the Internet; and R+S Media Solutions UG cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. NOTHING IN THIS WEB SITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND.
ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE'S CONTENT, R+S Media Solutions UG DOES NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH R+S Media Solutions UG ASSUMES NO RESPONSIBILITY.
ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, R+S Media Solutions UG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
VI. LIMITATION OF LIABILITY.
R+S Media Solutions UG is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.
In no event shall R+S Media Solutions UG be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the R+S Media Solutions UG Web Site.
Notwithstanding the above, in no event shall R+S Media Solutions UG's total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to R+S Media Solutions UG by you in connection with the transaction claimed by you to give rise to your claim.
VII. COMMUNICATIONS AND SUBMISSIONS.
You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. R+S Media Solutions UG hereby reserves the right (but not the obligation) to remove or edit content for any reason at its sole discretion.
By transmitting or posting any Submissions to R+S Media Solutions UG or to this Web site you grant R+S Media Solutions UG and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use the content of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant R+S Media Solutions UG and its affiliates and sublicensees the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content. You further agree that the license granted herein includes all of the rights to use or authorize the use of any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.
You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is accurate; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and that you will indemnify R+S Media Solutions UG or its affiliates for all claims resulting from content you supply. You agree that neither R+S Media Solutions UG nor its licensees will be liable to you for any use of any Submission. R+S Media Solutions UG has the right but not the obligation to monitor and edit or remove any activity or content.
You acknowledge and agree that you are solely responsible for any Submissions you submit to R+S Media Solutions UG or this Web site and further agree that you, not R+S Media Solutions UG, have full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness.
VIII. JURISDICTION AND CHOICE-OF-LAW.
R+S Media Solutions UG operates this Web Site from its offices located in Bad Schönborn Germany. R+S Media Solutions UG makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
This agreement, and any dispute, which arises from and out of this Web Site, shall be construed with the laws of the state of Baden Würtemberg - Amtsgericht Mannheim. By using this site you consent to personal jurisdiction within these courts.
X. TERMINATION AND REGULATIONS.
R+S Media Solutions UG may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site. R+S Media Solutions UG will not be held responsible for any kind of violation occured by the use of our equipment by it´s clients on the fairground regarding Fairgrounds Terms and Conditions.
This agreement constitutes the entire Agreement between you and R+S Media Solutions UG and supercedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of R+S Media Solutions UG.
The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.
1.1 In these terms and conditions the following expressions shall be given the following meanings (unless the context otherwise requires):
1.1.1 "Contract" - means the contract for the supply and rental of the Equipment.
1.1.2 "Equipment" - means the Equipment (including any installment of the Equipment or any parts for them) specifically stated in the Order Confirmation including but without limitation all physical items of hardware, cables, documentation and packing to be supplied by R+S Media Solutions UG in accordance with these Terms.
1.1.3 "Force Majeure Event" - includes any delay or failure to perform R+S Media Solutions UG' obligations as set out in the Terms where such delay or failure to perform arises from circumstances beyond the reasonable control of R+S Media Solutions UG, including but without limitation any act of god, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
1.1.4 "Hirer" - means the person, firm or company placing an order for any Equipment with R+S Media Solutions UG.
1.1.5 "Hire Term" - means the period commencing on the date after delivery as specified in the Order Confirmation until the earlier of the collection date as specified in the Order Confirmation or unless terminated in accordance with these Terms.
1.1.6 "MLA Agreement" - means the Microsoft License Agreement for End Users using a Microsoft Product on a rental computer, which governs the use of the software installed on the Equipment a copy of which will be submitted to the Buyer with the Quotation.
1.1.7 "Order Confirmation" - means an order confirmation from R+S Media Solutions UG confirming receipt of the Hirer's order.
1.1.8 "Quotation" - means a quotation issued by R+S Media Solutions UG to the Hirer in Writing in response to an enquiry made by the Hirer which may include but without limitation the description of the Equipment and prices for the same together with delivery charges and proposed delivery dates.
1.1.9 "Rental Charges" - means the charges for supply and rental of the Equipment shown on the Order Confirmation payable by the Hirer in accordance with these Terms.
1.1.10 "Terms" - means the standard terms of rental and supply of the Equipment set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Hirer and R+S Media Solutions UG.
1.1.11 "Total Loss" - means a total loss or constructive or arranged total loss as declared by the insurers of the Equipment and third party risks under the policies specified in clause 5.4 below
1.1.12 "Website" - means the website for the rental of the Equipment at http://exhibition.av-solutions.info
1.1.13 "Writing" - and any similar expression, includes facsimile transmission, e-mail and comparable means of communication, and "Written" shall be construed accordingly.
1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not affect their interpretationy.
2 Basis of the Rental
2.1 R+S Media Solutions UG shall let and the Hirer shall lease the Equipment in accordance with the Order Confirmation, subject to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such order is made or purported to be made, by the Hirer. No terms or conditions endorsed upon, annexed to or enclosed with any enquiry, purchase order or other document of or submitted by the Hirer shall govern the Contract.
2.2 R+S Media Solutions UG employees or agents are not authorized to make any representations concerning the Equipment unless confirmed by R+S Media Solutions UG in Writing. In entering into the Contract the Hirer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
2.3 Any advice or recommendation given by R+S Media Solutions UG or its employees or agents to the Hirer or its employees or agents as to the storage, application or use of the Equipment which is not confirmed in Writing by R+S Media Solutions UG is followed or acted upon entirely at the Hirer's own risk, and accordingly R+S Media Solutions UG shall not be liable for any such advice or recommendation which is not so confirmed.
3 Order Acceptance
3.1 The Quotation submitted by R+S Media Solutions UG shall not bind R+S Media Solutions UG and such Quotation shall serve only as invitations for the Hirer to place an order.
3.2 No order submitted by the Hirer shall be deemed to be accepted by R+S Media Solutions UG unless and until confirmed in Writing by R+S Media Solutions UG but not through the Order Confirmation.
3.3 The Hirer agrees that it is the Hirer's responsibility to ensure that the Equipment as ordered is, if necessary, compatible with existing installations, and is suitable for all the Hirer's requirements.
4 Rental Period and Quiet Enjoyment
4.1 The Contract shall be for the Hire Term. Any extension to the Hire Term will require R+S Media Solutions UG to issue a further Order Confirmation to the Hirer provided that R+S Media Solutions UG reserve the right (at its sole discretion) not to accept an extension to the Contract.
4.2 So long as the Hirer is neither in default in the payment of any sum of money payable under the Contract nor is in breach of any of the covenants on its part to perform in these Terms, the Hirer may peaceably hold and enjoy quiet possession of the Equipment for the Hire Term.
4.3 Maintenance, Use and Care of the Equipment
4.4 The Hirer is obliged
4.4.1 not to alter, modify or adjust the equipment in anyway without the Written consent of R+S Media Solutions UG.
4.4.2 to use and keep the Equipment in a skillful and proper manner and in accordance with any operating instructions issued for it and to ensure that the Equipment is operated and used by properly skilled and trained personnel.
4.4.3 to maintain and keep the Equipment in good condition (at the Hirer's own expense) and not subject the Equipment to any misuse or wear or tear over that consistent with normal and reasonable use provided that in all cases maintenance shall be carried out in accordance with the manufacturer's recommendations (if applicable) by a suitably qualified person or such other person of which R+S Media Solutions UG has previously approved in Writing for its maintenance in accordance with the said manufacturers' or suppliers' standards and to deliver up the Equipment from time to time in order that maintenance and servicing may be carried out to the Equipment in accordance with the recommendations of the manufacturer or supplier of the Equipment.
4.4.4 that in addition to clause 5.3.3:
184.108.40.206 in the case of Monitors, R+S Media Solutions UG will not accept any form of screen burn, under the classification of misuse, and will charge the Hirer the cost of a replacement unit.
220.127.116.11 in the case of Laptops, R+S Media Solutions UG will not accept overcharged/dead batteries, under the classification of misuse, and will charge the Hirer the cost of a replacement battery. and
4.4.5 that if any part of the Equipment is destroyed damaged or lost, to repair and replace the Equipment with replacements in such condition so as to comply in all respects with the these Terms:
4.4.6 that any agreement between R+S Media Solutions UG and the Hirer under which R+S Media Solutions UG agrees to procure for the Hirer, maintenance and servicing facilities in respect of the Equipment is without prejudice to and shall have no effect on the Hirer's obligations under the terms of the Contract to maintain the Equipment in accordance with the provisions of this clause nor shall any default by R+S Media Solutions UG be the subject of any set-off by the Hirer.
4.4.7 to keep or procure to be kept throughout the Hire Term accurate complete and current records of all maintenance carried out to the Equipment
4.4.8 to make no alteration to the Equipment and not to remove any existing component from the Equipment unless it is permitted by R+S Media Solutions UG in Writing.
4.4.9 that it will sign and return the MLA Agreement within 7 days of the date of the Order Confirmation and shall comply at all times with all the terms of the MLA Agreement.
4.4.10 to add to or install with the Equipment any safety or other equipment required by any applicable law or regulation to be so added or installed for the use or operation of the Equipment.
4.4.11 to protect the Equipment against distress execution or seizure.
4.4.12 that for the purposes of German taxation and irrespective of the accounting treatment to be adopted by the Hirer the Hirer is not entitled to claim capital allowances on the Equipment. and
4.4.13 to indemnify R+S Media Solutions UG against all losses charges and damages however incurred by R+S Media Solutions UG by reason of failure by the Hirer to comply with any of the above terms of this clause 5.3.
4.4.14 a late booking fee of up to 100% may apply.
4.5.1 to insure the Equipment and keep the Equipment insured throughout the Hire Term (in the joint names of R+S Media Solutions UG and the Hirer) for their full replacement value against all risks on a comprehensive policy without restriction or excess.
4.5.2 to insure R+S Media Solutions UG and the Hirer against all liability to third persons for death personal injury and damage to or loss of property arising directly or indirectly out of the use possession or operation of the Equipment for such amount as R+S Media Solutions UG may stipulate from time to time or in the absence of any such stipulation for such amount as is prudent in all the circumstances. and
4.5.3 to pay punctually all premiums due for such insurance and to produce to R+S Media Solutions UG on request the policy or policies together with evidence of payment of the premiums and agrees that R+S Media Solutions UG may affect the insurance referred to in this clause 5.4 if the Hirer has failed to do so (though it is not under any obligation so to do) and to reimburse R+S Media Solutions UG on demand the cost of so doing.
4.6 Loss and Damage and Total Loss
4.6.1 to pay to R+S Media Solutions UG upon the expiry of 30 days after a Total Loss (or on such later date as R+S Media Solutions UG may agree) an amount equal to the sum of:
18.104.22.168 all arrears of Rental Charges including apportioned Rental Charges for any broken period. and
22.214.171.124 such sum as is required to compensate R+S Media Solutions UG for the loss or destruction of or damage to the Equipment.
4.6.2 if on the expiry of the period of 30 days from the date of the Total Loss the insurers have not made payment to R+S Media Solutions UG under the policy or policies maintained in compliance with clause 5.4.1 above the Hirer shall pay to R+S Media Solutions UG upon demand such sum to be calculated and paid under the terms of clause 5.5.1.
4.6.3 if the Equipment sustains loss or damage not amounting to a Total Loss forthwith to notify R+S Media Solutions UG and to make good such damage and to apply all insurance monies payable in making good such damage and upon being requested by R+S Media Solutions UG so to do forthwith to assign to R+S Media Solutions UG all the Hirer's rights benefits and claims under any relevant policy of insurance.
4.6.4 to be solely responsible for and to indemnify R+S Media Solutions UG in respect of all loss of or damage to the Equipment (in so far as R+S Media Solutions UG is not reimbursed by the proceeds of insurance in respect thereof) however caused occurring at any time or times before the Equipment is redelivered to R+S Media Solutions UG under the terms of clause 5.8 below.
4.6.5 Location of and Dealings with or affecting the Equipment
4.6.6 to keep the Equipment in its own possession at the location specified in the Order Confirmation (or at such other location(s) as R+S Media Solutions UG may agree) and in compliance with any policy of insurance affecting the Equipment.
4.6.7 neither to sell or offer for sale assign mortgage pledge underlet lend or otherwise deal with the Equipment or any interest in it or in the Contract nor to allow the creation of any charge or lien over it without the previous consent in Writing of R+S Media Solutions UG
4.6.8 neither to sell transfer lease or otherwise dispose of nor mortgage charge nor otherwise number any land or building on or in which the Equipment is kept nor to agree to do any such thing nor to agree to create any floating charge unless the Hirer has prior to such event obtained waivers satisfactory to R+S Media Solutions UG excluding the Equipment from its effect or unless any such act does not affect the Equipment in any way and is subject to the right of R+S Media Solutions UG to repossess the Equipment at any time (whether or not it or any part of it has become affixed to such land or building) and for that purpose to enter upon such land or building and sever the Equipment if affixed to it.
4.7.1 to indemnify R+S Media Solutions UG against all loss actions claims demands proceedings (whether criminal or civil) costs legal expenses (on a full indemnity basis) insurance premiums and all liabilities judgments damages or other sanctions whenever arising directly or indirectly from the Hirer's failure or alleged failure to carry out its duties under the Contract
4.8 Return of Equipment
4.8.1 to deliver up the Equipment serviced and maintained and in good repair and working order as provided in clause 4.3 above together with all records log books and handbooks in respect thereof at the expiration of the Hire Term or upon earlier determination of the Contract or the hiring under it at such address in Germany as R+S Media Solutions UG shall notify the Hirer.
4.8.2 and grants R+S Media Solutions UG its agents or representatives a non-exclusive irrecoverable license to access and enter any premises where the Equipment may be for the purpose of inspecting and removing it. and
4.8.3 if R+S Media Solutions UG are required to carry out any servicing maintenance repair or other work to the Equipment so as to put it in the condition specified in clause 5.3 above or to discharge any of the Hirer's obligations referred to in that clause to reimburse the cost thereof (together with VAT thereon) to R+S Media Solutions UG forthwith upon demand.
5 Delivery and Collection
5.1 All times or dates quoted for delivery or collection of the Equipment are given in good faith but shall not be of the essence of the Contract. The delivery will take place during Monday to Sunday between the hours of 9.00am to 6.00pm unless otherwise agreed in Writing between the Hirer and R+S Media Solutions UG. Delivery shall be made to the premises stipulated in the Order Confirmation.
5.2 Should the Hirer wish to make its own arrangements to collect the Equipment, insurance of the Equipment during transportation is the responsibility of the Hirer.
5.3 On termination of the Contract for whatever reason, R+S Media Solutions UG will arrange collection of the Equipment from the location detailed in the Order Confirmation during Monday ? Sunday, between the hours of 9.00am to 6.00pm on the next working day immediately after the termination date.
5.4 Should R+S Media Solutions UG, or its transport agents, not be able to delivery/collect the Equipment as arranged, the Hirer may be liable for additional charges.
5.5 All packaging supplied with the Equipment shall be held by the Hirer during the whole of the Hire Term and shall be used to re-pack the Equipment for its safe return to R+S Media Solutions UG. In the instance where a cardboard box is used it is the hirer's responsibility to reseal and make available for transportation in a secure state. In the instance where a flight case is used it is the hirer's responsibility to reseal using the security tag located in the lid of the flight case and make available for transportation in a secure state. If the original packaging is not used for the safe return of the Equipment, R+S Media Solutions UG will not accept liability for any damage incurred to the Equipment during transportation. R+S Media Solutions UG undertake to report the damage to the Hirer within 24-hours of its arrival back to at Rentals premises.
6 Equipment Failure
6.1 In the event of any failure of the Equipment the Hirer shall forthwith provide R+S Media Solutions UG with a written notice specifying the said failure.
6.2 Should the Equipment failure prove to be due to misuse or the fault of the Hirer in any way including but without limitation due to the Hirer's existing equipment, R+S Media Solutions UG reserves the right to pass on the costs of repair and the engineering charges to the Hirer which shall be payable by the Hirer to R+S Media Solutions UG in accordance with these Terms.
6.3 In the event of Equipment failure R+S Media Solutions UG shall use reasonable efforts to repair or replace said Equipment with the same or comparable, within a reasonable amount of time but in any event within 3 working days of the fault being reported to R+S Media Solutions UG, at no charge to the Hirer.
7 Conditions Warranties and Exclusion
7.1 R+S Media Solutions UG agrees that provided that the Hirer is not in default hereunder it shall upon request assign to the Hirer (so far as the same are capable of being assigned) the benefit of all express warranties granted in favour of R+S Media Solutions UG by the supplier of the Equipment or the manufacturer of it provided that the Hirer shall first fully indemnify R+S Media Solutions UG to the satisfaction of R+S Media Solutions UG against all costs claims damages and expenses incurred or to be incurred in connection with the enforcement thereof or the making of any claim thereunder and provided that upon the expiration of the Hire Term or upon the earlier termination of the hiring hereunder the Hirer agrees to re-assign such warranties to R+S Media Solutions UG and for that purpose hereby irrevocably appoints R+S Media Solutions UG as its attorney and in its name to execute in favour of R+S Media Solutions UG any such assignment in such form as may then be necessary to give effect to this clause.
7.2 The Equipment is selected by the Hirer and acquired and supplied by R+S Media Solutions UG at the request of the Hirer solely for the purpose of hiring the Equipment to the Hirer and save as above R+S Media Solutions UG does not let or supply the Equipment with any representation concerning the condition performance suitability or qualities of the Equipment or with or subject to any term condition or warranty express or to be implied by statute description at common law or otherwise and all such representations terms conditions warranties whether relating to the capacity age quality description condition leasing possession transportation or use of the Equipment or to the satisfactory quality or suitability or fitness of the Equipment for a particular or any purpose are excluded.
7.3 Nothing in these Terms will limit R+S Media Solutions UG liability for death or personal injury resulting from its negligence or that of R+S Media Solutions UG employees or agents. If the Hirer is a consumer, the content of these Terms will not affect the Hirer's statutory rights. If the Hirer is not a consumer then subject as provided in these Terms, all other warranties, conditions or other terms, whether implied by statute common law or otherwise, are excluded to the fullest extent permitted by law.
7.4 R+S Media Solutions UG shall not be liable to the Hirer:
7.4.1 in contract or in tort for loss injury or damage arising by reason of any defects in the Equipment whether such defects be latent or apparent on examination (other than liability for death or personal injury arising from the negligence of R+S Media Solutions UG).
7.4.2 for any statement term condition warranty or representation made by any supplier dealer agent broker or other person through whom this transaction may have been introduced negotiated or conducted and persons other than those in the employ of R+S Media Solutions UG have no authority express or implied to act as agent for R+S Media Solutions UG .
7.4.3 either for any loss whatever suffered by the Hirer as a result of the Equipment or any part of it being unusable or to supply any replacement Equipment during any period when the Equipment or part of it is unusable.
7.4.4 for repairing, maintaining or replacing equipment which is used in conjunction with the Equipment, which is not subject to the Contract
7.4.5 for any loss or damage incurred or sustained by the Hirer in consequence of R+S Media Solutions UG terminating the hiring under clause 9 below or in retaking possession of the Equipment.
7.4.6 for any violations regarding the usage of R+S Media Solutions UG equipment in relation with eligibility requirements issued by fairground organization´s or any of it´s sole contractors.
7.5 R+S Media Solutions UG will not be in breach of contract if it cannot perform its obligations hereunder as a result of any Force Majeure Event.
7.6 IN ANY EVENT, THE LIABILITY OF R+S MEDIA SOLUTIONS UG FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE AMOUNT RECOVERED BY R+S MEDIA SOLUTIONS UG FROM IT'S INSURERS.
7.7 If the Hirer shall have first discharged in full all its obligations under the Contract including without limitation its liability to pay the sum calculated under clause 5.5.2 above, R+S Media Solutions UG shall pay to the Hirer the sum (if any) by which the insurance money in respect of a Total Loss subsequently received by R+S Media Solutions UG exceeds the sums paid by the Hirer to R+S Media Solutions UG under clause 5.5.1.
8.1 It is hereby agreed that forthwith upon the occurrence of a Total Loss the hiring of the Equipment shall terminate but without prejudice to the Contract (which shall continue in full force and effect) and to any claims or liabilities then outstanding or thereafter arising thereunder.
8.2 Without prejudice to R+S Media Solutions UG 's right to arrears of Rental Charges or other sums due as damages for breach of the Contract R+S Media Solutions UG may terminate the hiring under the Contract on the occurrence of any of the following events:
8.2.1 if the Hirer shall not pay any of the Rental Charges or any of the sums due from the Hirer to R+S Media Solutions UG under the Contract punctually on the date when due. or
8.2.2 if the Hirer shall be in breach of any term of the Contract. or
8.2.3 if the Hirer shall do or allow to be done any act or thing that may prejudice or endanger R+S Media Solutions UG 's property or rights in the Equipment. or
8.2.4 if the Hirer shall die. or
8.2.5 if the Hirer shall have a bankruptcy order made against him.
8.2.6 the Hirer shall be liquidated or wound up or have a petition for winding up presented against it or pass a resolution for voluntary winding up (otherwise than for a bona fide reconstruction). or
8.2.7 if a petition for the appointment of an administrator is presented against the Hirer or if the Hirer has a receiver or administrative receiver appointed. or
8.2.8 if the Hirer shall convene any meeting of its creditors or make a deed of assignment or arrangement or otherwise compound with its creditors. or
8.2.9 if any step shall be taken to levy a distress or execution or if a distress or execution shall be levied or threatened to be levied upon any chattels of or in the possession of the Hirer. or
8.2.10 if the Hirer shall abandon the Equipment
8.2.11 whereupon R+S Media Solutions UG consent to the Hirer's possession of the Equipment shall determine immediately and R+S Media Solutions UG shall be entitled to take possession of the Equipment wherever it may be and the Hirer grants an irrevocable license for R+S Media Solutions UG its agents or representatives to enter the Hirer's premises to remove the Equipment without notice to the Hirer).
8.3 In the event that the Hirer wishes to terminate the Contract prior to the commencement of the Hire Term, the Hirer shall pay to R+S Media Solutions UG a cancellation charge which shall be calculated as follows:
8.3.1 notice given by the Hirer in excess of 1 week prior to the contractual commencement date incurs a 15% penalty of the total Rental Charges.
8.3.2 notice given by the Hirer less than 1 week and greater than 2 days prior to the contractual commencement date incurs a [30%] penalty of the total Rental Charges.
8.3.3 notice given by the Hirer less than 2 days prior to the contractual commencement date incurs a [50%] penalty of the total Rental Charges
8.3.4 and the Hirer agrees that the charges contained at clauses 9.3.1 to 9.3.3 (inclusive) are a genuine pre-estimate of the loss that R+S Media Solutions UG would suffer in the event of cancellation by the Hirer.
8.4 In the event the Hirer wishes to terminate the Contract during the Hire Term, prior to the last day of the Hire Term, R+S Media Solutions UG reserves the right to enforce a cancellation charge equal to 100% of the total Rental Charges due under the Contract less discount at the rate of 3 per cent per annum for accelerated payment, calculated from the date of payment until the date such payment would otherwise have been made.
9 Consequences of Termination
9.1 Forthwith upon the hiring of the Equipment being determined under clause 9.2 above or if the Contract is terminated upon a repudiation by the Hirer accepted by R+S Media Solutions UG the Hirer shall pay to R+S Media Solutions UG :
9.1.1 all arrears of Rental Charges plus any interest due including apportioned Rental Charges for any broken period.
9.1.2 damages for any breach of the Contract and all expenses and costs incurred by R+S Media Solutions UG in retaking possession of and selling or re-hiring the Equipment or attempting to sell or re-hire the Equipment and/or enforcing its rights under the Contract. and
9.1.3 all Rental Charges which would have been payable for the remainder of the Hire Term less discount at the rate of 3 per cent per annum for accelerated payment, calculated from the date of payment until the date such payment would otherwise have been made. and
9.1.4 all other sums due from the Hirer to R+S Media Solutions UG under this Agreement.
9.2 It is the responsibility of the Hirer, upon termination of the Contract, to keep all Equipment safe and free from damage until collection is made by R+S Media Solutions UG or its authorized representatives.
9.3 Upon return of the Equipment the R+S Media Solutions UG will inspect the Equipment for any loss or damage. If any loss or damage is discovered, other than fair wear and tear, then R+S Media Solutions UG shall notify the Hirer of such loss or damage within a reasonable time. The Hirer shall be responsible for compensating R+S Media Solutions UG for any costs incurred in repairing or replacing the Equipment and any loss of revenue to R+S Media Solutions UG whilst the Equipment is not available for hire.
9.4 In the event the Hirer disputes the costs or liability pursuant to clause 10.3 and wishes to inspect the Equipment, the Hirer must give notice in writing of his intentions within 48 hours of R+S Media Solutions UG initial report. The Hirer shall be entitled inspect the Equipment within 7 days of giving notice of his intentions, otherwise the Hirer must accept the valuation costs notified to him by R+S Media Solutions UG.
10.1 If any of the Rental Charges or any other sums payable under the Contract shall not be paid when due the Hirer shall pay to R+S Media Solutions UG interest on them calculated on a daily basis and compounded quarterly from the due date until payment at the rate of [5%] a year over the base rate from time to time of Volksbank Bruchsal Bretten e.G..
11.1 R+S Media Solutions UG shall at all times retain the ownership of the Equipment and the Hirer shall have no interest in the Equipment save as is provided by the Contract. Notwithstanding that the Equipment may have been affixed to any land or building R+S Media Solutions UG shall continue to be the owner of them and they shall as between R+S Media Solutions UG and the Hirer and their respective successors in title remain the personal property of R+S Media Solutions UG
11.2 Clause 5.3 above shall not relieve R+S Media Solutions UG of the direct burden of wear and tear to the Equipment
11.3 The continuance of the Contract or the Hirer's liability for payment of Rental Charges and all other sums under it shall not be affected in any way by the loss theft Total Loss or any damage to or any defect in the Equipment whether latent or patent save as provided in clause 9.1 above
11.4 All the obligations of the Hirer under the Contract shall be discharged at the Hirer's cost and expense
11.5 Any delay or failure of R+S Media Solutions UG to exercise any right or remedy shall not constitute a waiver of it or them and any of R+S Media Solutions UG 's rights or remedies may be enforced separately or concurrently with any other right or remedy now or in the future accruing to R+S Media Solutions UG to the effect that such rights are cumulative and not exclusive of each other.
11.6 All sums payable under the Contract shall be paid together with the addition of such VAT as is legally payable on those sums.
11.7 Any typographical, clerical or other error or omission in the Website, the Quotation any sales literature, price list, the Order Confirmation, invoice or other document or information issued by R+S Media Solutions UG shall be subject to correction without any liability on the part of R+S Media Solutions UG.
11.8 R+S Media Solutions UG shall be entitled to assign to any third party its rights arising from any Contract. The Hirer may not assign its rights under the Contract except with the prior written consent of R+S Media Solutions UG.
11.9 No variation or addition to any of the terms of a Contract and/or these Terms shall be binding unless agreed in Writing between the authorized representatives of the Hirer and R+S Media Solutions UG. Unless otherwise agreed in writing such variations or additions shall only apply to the particular Contract concerned.
11.10 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
11.11 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
11.12 The Contracts (Rights of Third Parties) Act 1999 shall not apply in relation to the Contract.
11.13 The Contract shall be governed by the laws of Germany, and the Hirer agrees to submit to the exclusive jurisdiction of the German courts.
12 Use of Hirer's Information
12.1 In considering the Hirer's application R+S Media Solutions UG may search the Hirer's record at credit reference agencies. They will add to the Hirer's record details of R+S Media Solutions UG 's search and the Hirer's application and this will be seen by other organizations that make searches. R+S Media Solutions UG shall use information it obtains from the Hirer under the Contract or from any credit reference or fraud prevention agencies:
12.1.1 to assess the Hirer's application manage the Hirer's account and provide R+S Media Solutions UG 's services and to carry out market research.
12.1.2 to recover debts prevent fraud and to detect money laundering activity.
12.1.3 to develop improve and market R+S Media Solutions UG 's products and services.
12.1.4 for credit scoring and statistical and analytical purposes.
12.2 R+S Media Solutions UG may use a credit scoring or other automated decision making system when assessing the Hirer's application.
12.3 R+S Media Solutions UG may also add to the Hirer's record with any credit reference agency details of the Contract and any default or failure to keep to its terms. R+S Media Solutions UG may check the details with fraud prevention agencies. These records may be shared with other organizations and used by R+S Media Solutions UG and them to help make decisions about credit and credit related services such as insurance for the Hirer and members of the Hirer's household trace debtors recover debt prevent money laundering and fraud and to manage the Hirer's accounts. These include any organizations who introduced R+S Media Solutions UG or who acts on the Hirer's or R+S Media Solutions UG 's behalf other banks or lessors anyone who has a legal right to such information or anyone to whom R+S Media Solutions UG may intend transferring its rights and/or duties under any agreement it may have with the Hirer. For these purposes R+S Media Solutions UG or other organizations may make further searches. Although these searches will be added to the Hirer's record, they will not be shared with others.
12.4 The hirer should write to the Customer Services Manager or phone R+S Media Solutions UG on +49 7253 8009774 if the hirer wants to have details of those credit reference and fraud prevention agencies from whom R+S Media Solutions UG obtains and to whom it passes information about the hirer. The Hirer has a legal right to these details. The Hirer has a right to receive a copy of the information R+S Media Solutions UG holds about it if the Hirer applies to R+S Media Solutions UG in writing. A fee will be payable.
13 Distance Selling
13.1 This clause sets out those matters required pursuant to the EC Directive on Distance Selling (Directive 97/7) as ratified by the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 which applies where the Contract is entered into through the Website:
13.1.1 Identity. The supplier of any Equipment purchased pursuant to these Terms is: R+S Media Solutions UG whose registered office is at Richard Wagner Strasse 8, 76669 Bad Schönborn
13.1.2 Description of Goods. The equipment supplied and leased pursuant to these Terms comprise equipment either selected from or created by us to your order.
13.1.3 Price. The price of Equipment supplied and leased via the Website shall be the price advertised according to our offer at the time of lease together with Value Added Tax and any other relevant tax thereon at prevailing rates from time to time.
13.1.4 Delivery Costs. Equipment may be delivered directly to your premises at an additional cost specified by the offer.
13.1.5 Payment. Payment for the Equipment supplied and leased pursuant to these Terms must be made to us at the times specified in the Order Confirmation.
126.96.36.199 Except for Equipment which is personalized, you will be entitled to cancel the Contract by notice in Writing to us at any time up to 14 working days after the date of supply of the Equipment.
188.8.131.52 If you have the right to cancel the Contract, R+S Media Solutions UG will contact you to arrange the return of the Equipment delivered to you and we shall refund any Rental Charges paid, together with the delivery charges, within 30 days of such cancellation PROVIDED THAT the Equipment is returned by you and received by us in the condition that they were delivered to you. If you do not co-operate in returning the Equipment delivered to you and/or the condition of the Equipment returned is not the same as when delivered to you, we shall be entitled to deduct from the amount to be returned to you (and charge any additional sums) for all direct costs of recovering the Equipment and/or to reinstate the condition of the Equipment.
13.1.7 Cost of Communicating with R+S Media Solutions UG . There are no premium rate charges which you will incur by reason of communicating with R+S Media Solutions UG. The cost of any such communication will accordingly be limited to the charges you would normally incur for use of the Internet in accordance with personal arrangements made with your internet service provider and your telephone carrier.
13.1.8 Price Validity. The price for the Lease of the Equipment is fixed at the date of hire. Future hire of the Equipment shall be subject to prices prevailing at that time.
13.1.9 Duration of Contract. The minimum period of the hire agreement shall be specified in the Order Confirmation.
14 Use of the Website
14.2 The use of the Website shall be governed by R+S Media Solutions UG' Website Terms and Conditions of Use.