General Terms and Conditions of Business
KFP Austria GmbH
1.1. The following conditions apply to all offers, contracts and all other services provided by KFP Austria GmbH (Supplier).
1.2. The Customer’s terms and conditions of business only become a component of the contract if they are acknowledged by KFP Austria GmbH in writing.
1.3. With the acceptance of services from KFP Austria GmbH, the Customer accepts the exclusive validity of these general terms and conditions of business.
2. Conclusion / Content of the Contract
2.1. Offers made by KFP Austria GmbH are subject to confirmation.
2.2. As a rule, the contract becomes effective with the written confirmation of the order from KFP Austria GmbH.
2.3. The content of the contract is based on the content of the confirmation of order. Supplementary agreements require the written form.
3. Rental Period
3.1. The rental period is calculated in days. Each started day is calculated as a full day.
3.2. The rental period begins with the handover of the equipment, however, at the latest on the starting date specified in the rental contract.
3.3. The rental period ends with the orderly return of the defect-free equipment, including all objects that accompanied the equipment at handover (accessories, operating manuals etc.), to KFP Austria GmbH.
4. Prices / Terms of Payment
4.1. The prices are those specified in the confirmation of order, which provides the basis for the contract.
4.2. Services that are not specified in the confirmation of order, but which are nevertheless provided at the Customer’s request, will be invoiced to the Customer in accordance with the respective valid KFP Austria GmbH price list. This also applies to costs incurred by KFP Austria GmbH as the result of the receipt of inaccurate details from the Customer or transport delays for which KFP Austria GmbH is not responsible.
4.3. KFP Austria GmbH is entitled to advance payment of up to the total amount of the invoice.
4.4. The Customer is entitled to offset only undisputed or legally determined claims against a claim placed by KFP Austria GmbH.
4.5. In the case of longer rental periods, KFP Austria GmbH is entitled to invoice its services to the Customer on a weekly basis.
4.6. In the event of payment arrears, KFP Austria GmbH is entitled to charge interest at the rate of eight percentage points above the respective basic interest rate.
5. Cancellation of the Contract
5.1. The Customer can cancel the contract in writing prior to the beginning of the rental-period.
5.2. Should the Customer make use of this contractual right of cancellation, the Customer is obligated to pay a cancellation fee to KFP Austria GmbH. The cancellation fee is calculated as follows: If cancellation takes place more than five working days prior to the beginning of the rental period, the due cancellation fee amounts to 30% of the total contract value. If cancellation takes place between two and five working days prior to the beginning of the rental period, a cancellation fee of 50% of the total contract value is due. If the cancellation takes place on the day before or on the day that the rental period begins, a cancellation fee of 100% of the total contract value is due.
5.3. As far as the Customer can provide evidence that KFP Austria GmbH has incurred lesser costs, the Customer is required to reimburse only the lesser amount.
5.4. KFP Austria GmbH has the right to cancel the contract at any time if the Customer commits a substantial breach of its obligations under Item 7 of these rental conditions or falls into payment arrears. Further, KFP Austria GmbH is entitled to cancel the contract in the event that the Customer’s financial circumstances significantly deteriorate.
6. Shipping and the Transfer of Risk
6.1. Unless a special agreement has been concluded to the contrary, KFP Austria GmbH is not obliged to send or deliver the rented equipment to the Customer’s desired place of use. The Customer bears responsibility for the transport or shipping.
6.2. Should the Customer wish KFP Austria GmbH to forward the equipment, it will be transported at the cost and the risk of the Customer. The risk is transferred to the Customer as soon as the rental object leaves the KFP Austria GmbH storage area.
6.3. Should the return of the rental object involve shipping, this is only permissible with the prior consent of KFP Austria GmbH. The Customer carries the risk of the return shipment until delivery of the equipment to KFP Austria GmbH. The returned equipment must be delivered to KFP Austria GmbH free of charge and in original, shock-proof transport packaging.
7. Customer Obligations
7.1. At the latest by the beginning of the rental period, the Customer must provide KFP Austria GmbH with the name of a contact person who must be accessible to KFP Austria GmbH during the rental period.
7.2. The Customer carries responsibility for assuring that the rental object is used only by trained personnel and in accordance with the manufacturer’s operating instructions and/or instructions provided by KFP Austria GmbH. The Customer is obligated to maintain the rental object in good condition and to use it exclusively for its designed purpose. Packaging, operating manuals and accessories remain the property of KFP Austria GmbH. All parts are to be handled with care and must be returned in complete and undamaged condition.
7.3. The Customer must permit employees of KFP Austria GmbH to check the rental object at any time during the usual hours of business.
7.4. The Customer is not permitted to remove the rental object from the location of use specified in the rental contract without prior written approval from KFP Austria GmbH.
7.5. The trademark, the KFP Austria GmbH or manufacturer’s identification number, and other forms of identification are to remain unaltered on the rental object. The Customer is forbidden from adding its own identifying mark to the rental object. This applies in particular to labels, stickers and paintwork.
7.6. The Customer is obligated to inform KFP Austria GmbH without delay of the end of the event.
7.7. The Customer is forbidden from passing on the rented object or further renting it to a third party without prior written approval from KFP Austria GmbH.
8. Rental Security
KFP Austria GmbH is entitled to make the handover of the rented object conditional upon the payment of an appropriate security deposit, which serves as security against any future claim that may arise out of the contractual relationship.
9.1. The Customer shall advise KFP Austria GmbH without delay of any faults, malfunctions or damage that occurs to the rental object during the rental period. The Customer shall wait for instructions from KFP Austria GmbH. Any attempt to repair the fault itself is prohibited.
9.2. Where the Customer is not responsible for the fault, he is entitled to either rectification of the defect or supplementary service, the choice being at the discretion of KFP Austria GmbH. Further claims for compensation are excluded as far as the fault is not the result of intentional damage or gross negligence on behalf of KFP Austria GmbH.
9.3. If KFP Austria GmbH culpably fails to meet its obligations according to 9.2, and if the planned event cannot be conducted exclusively for this reason, the Customer is entitled to provide the service itself or to engage a third party as a substitute. Necessary and reasonable costs associated with these measures will be carried by KFP Austria GmbH within the scope of the maximum liability limits specified in Item 10.
9.4. A warranty claim against KFP Austria GmbH is excluded to the extent that KFP Austria GmbH was unable to provide its services or unable to provide its services in the foreseen manner because the Customer failed to meet its obligation to cooperate and provide input. In such cases, the Customer is obligated to reimburse any resulting costs and damages, especially any loss of profit incurred by KFP Austria GmbH.
9.5. KFP Austria GmbH guarantees to provide services on schedule and to the agreed quality only when the Customer has fulfilled its contractual obligations, in particular those related to timely payment.
The liability of KFP is excluded regardless of the legal grounds, unless explicit provisions are made to the contrary in the following.
10.1. KFP Austria GmbH is liable for any damage caused through intent or gross negligence by its legally authorised representatives or vicarious agents. KFP Austria GmbH carries unlimited liability for culpable physical damage to life or health.
10.2. KFP Austria GmbH is also liable in cases of negligence involving the substantial violation of a contractual obligation that jeopardises the purpose of the contract in whose fulfilment the Customer may have specifically trusted. This liability is limited to compensation for damages that were typically foreseeable at the time of concluding the contract.
10.3. Except for the case of intent or gross negligence through leading employees and legally authorised representatives of KFP Austria GmbH, or cases of physical harm or injury to life or health, liability for secondary damages, e.g. loss of profit, unrealised savings and immaterial damages are excluded as far as liability is not given in accordance with 10.1 or 10.2.
10.4. The preceding limitations of liability also apply to the legally authorised representatives and employees of KFP Austria GmbH and in cases of tortious liability, or where liability existed prior to the agreement.
10.5. In the case of any form of data loss (including in particular audio and video data), the liability of KFP Austria GmbH is limited to the compensation for costs that would normally be incurred to restore the data from an electronic backup assuming that regular and properly conducted backups of data have been implemented. The Customer’s responsibility to carry out regular data back-ups in accordance with current technological standards remains unaltered.
10.6. Liability of KFP Austria GmbH for damages under the Product Liability Act remains unaffected.
10.7. All Customer liability claims against KFP Austria GmbH become statute-barred within one year after coming into being and the Customer becoming aware of the claim arising from circumstances caused by KFP Austria GmbH, or of which they would have become aware had it not been for gross negligence. This does not apply to the claims specified in Items 10.1 and 10.6.
10.8. The Customer is liable for all material and personal damages including any subsequent damage for which the Customer, its employees or any other third party is culpably responsible.
11. Assignment, Transfer
KFP Austria GmbH is not permitted to assign or transfer the rights and obligations arising from this contract to a third party without prior written agreement from the Customer. An exception here is assignment or transfer to an associated company in the meaning of Section 15 German Company Act (AktG).
12. Distraint / Pledging
12.1. The lessee of the equipment may not pledge any rented object of KFP Austria GmbH or assign it as security to a third party.
12.2. Should a third party take possession of the rented object, on whatever grounds, the Customer is obligated to inform KFP Austria GmbH per telephone or fax without delay. In the case of distraint, the Bailiff’s protocol must be forwarded to KFP Austria GmbH immediately. Contravention of this provision is grounds for KFP Austria GmbH to claim compensation for damages.
13. Force Majeure
The Contractor carries no liability in the case of a Force Majeure event that causes significant difficulty for the provision of services, temporarily impedes the orderly implementation of the contract or makes it impossible. Force Majeure events are classified as circumstances beyond the influence or control of the contractual parties, such as natural catastrophes, war and other military conflicts, demonstrations, acts of terrorism, distraint, embargo and other grave circumstances that are unforeseeable, of no fault of the parties and occur after conclusion of the contract.
14. Final Provisions
14.1. There are no verbal supplementary agreements to this contract. Alterations and supplementary provisions to the contract must be made in writing.
14.2. The place of fulfilment is Vienna, Austria. The place of jurisdiction is also Vienna, Austria.
14.3. Should one of the above provisions be or become invalid, this does not imply that the entire rental provisions are invalid. The invalid provision should be replaced by one that is valid and equivalent to the intention of the parties at the time of concluding the contract.
14.4. This contract is governed by the laws of the Federal Republic of Austria. The applicability of the United Nations Convention on Contracts for the International Sale of Goods, as well as all possible conflict of law provisions is excluded.