General Terms and Conditions
The services provided by Connect Translations Austria GmbH are subject to the following General Terms and Conditions. The German version, which you can download here, applies exclusively in case of doubt.
Section I – Translations
1. Scope of the service
1.1 Unless otherwise agreed in writing, the following conditions apply for the scope of the service.
1.2 The Client undertakes to inform us as to how he/she intends to use the translation, e.g. whether
1.2.1 only for information purposes,
1.2.2 for publication and advertising purposes,
1.2.3 for legal or patent procedure purposes,
1.2.4 or for any other purposes, for which a special translation of the texts by the translator commissioned with the work is of importance.
1.3 The Client may only use the translation for the purpose indicated. In the event the Client uses the translation for a purpose other than that for which the order was placed and delivered, the Client has no right whatsoever to claim compensation from Connect Translations Austria GmbH, hereinafter referred to as the Contractor.
1.4 If the Contractor is not notified of the purpose of the translation, the Contractor shall execute the translation to the best of his/her knowledge for the purpose of information (see Point 1.2.1.).
1.5 Unless otherwise agreed, translations shall be transmitted by the Contractor in electronic form.
1.6 Unless otherwise agreed, the provisions of the ISO 17100 shall apply for the formal layout.
1.7 Should the Client require the use of a specific terminology, he/she must notify the Contractor of such and at the same time transmit the relevant documentation. This also applies to linguistic variants.
1.8 The Client bears sole responsibility for the content and linguistic correctness of the source text.
1.9 The Contractor is entitled to pass on the assignment to equally qualified third parties. However, in such cases, Connect Translations Austria GmbH shall remain the sole Contractor.
1.10 The Contractor's name may only be added to the published translation if the entire text was translated by the Contractor and no changes or modifications were made to the translation without the prior approval of the Contractor.
1.11 The subject matter of the contract does not include checking whether the choice of vocabulary within the framework of the translation is suitable for bringing about the envisioned legal consequences or for excluding any undesired legal consequences. Such a task can only be carried out by a legal adviser versed in the legislation alluded to in the translated text. We recommend requesting your local foreign trade office for support in selecting a competent legal adviser.
2.1 The rates (prices) for translations are calculated in accordance with the rates (price lists) of the Contractor applicable to the individual types of the translations. Unless otherwise agreed, the prices for non-sworn translations are calculated on the basis of the number of words in the source text. Prices for sworn translations are calculated on basis of the number of lines (1 standard line = 55 characters incl. punctuation and spaces) of the translated text (target language).
2.2 Services whose execution exceeds that of simple text processing are charged for as per separate agreement (e.g. source documents are provided in special file formats; the Client demands a special graphic form that requires a specific software).
2.3 If the agreed service is not rendered due to reasons for which the Client is responsible, e.g. because he/she does not provide the text, or he/she violates other obligations of cooperation, the Client is obliged to pay at least 50% of the order fee due for the service or partial service not rendered. The abatement provision according to § 1168 of the General Austrian Civil Code (ABGB) is therefore expressly excluded.
2.4 Any cost estimate given is binding only if submitted in writing. A cost estimate given in any other form serves only as a non-binding guideline.
2.5 Cost estimates given without having the source documents to hand shall serve only as non-binding guidelines.
2.6 Unless otherwise agreed, changes or additions to the order may be charged at appropriate rates.
2.7 Wage or salary increases deriving from collective agreements entitle the Contractor to subsequent price adjustments.
2.8 Value stability of the claims and incidental claims apply. The Consumer Price Index published monthly by the Austrian Statistical Office or an equivalent index shall be used to calculate the value stability. The index number calculated for the month of the contract conclusion shall serve as the reference value. Upward and downward fluctuations in the index number by up to 2.5% exclusively shall not be taken into account. Any upward or downward exceeding this margin requires recalculation, whereby the first index number outside the respective margin must form the basis for both re-establishing the claim amount and for calculating the new margin. The resulting amounts must be rounded up to one decimal place.
2.9 The full fee for an initial translation can be charged for the proofreading of external translations.
2.10 Appropriate surcharges can be charged for express and weekend work.
3.1 Delivery deadlines and/or periods for the services to be performed by the Contractor are only deemed binding if agreed in writing and are contingent upon the timely fulfilment of the Client’s obligations to cooperate, in particular the timely provision of the translation documentation and necessary background information and fulfilment of the agreed terms of payment, and result in the Client being entitled to withdraw from the contract after explicitly setting a reasonable extension (always at least 14 days). In the event the Client asserts its right to withdrawal, the Client is obliged to remunerate the Contractor for all expenses incurred up until the time of the withdrawal. Any claims for damage on the part of the Client are excluded, with the exception of damage caused by wilful misconduct or gross negligence.
3.2 An agreed delivery deadline or delivery period is only deemed as fixed if this is expressly indicated as such in the agreement in writing.
3.3 Delivery deadlines and/or periods are extended even in the case of a fixed data agreement for all events provided the Client is behind with his/her obligation to cooperate.
3.4 If delivery by the deadline stated in 3.1 or within the delivery period is not possible due to a computer problem on the side of the Contractor, the Client will be informed of such immediately and advised of the next possible deadline. A withdrawal for delays caused by this reason is only possible in compliance with the setting of an extension provision laid down in 3.1. if the substitute deadline is also not upheld.
3.5 All documents provided to the Contractor by the Client shall remain in the possession of the Contractor after the conclusion of the translation unless otherwise agreed. The Contractor shall have no obligation to keep or otherwise handle these documents. The Contractor is, however, obliged to ensure that these documents cannot be used in any way contrary to the terms of the contract.
4. Cancellation of the contract by the Client
In the event the translation contract is cancelled by the Client, compensation must be made for the expenses incurred up to the time of cancellation, in particular for any text parts already translated.
5. Force majeure
5.1 In the event of force majeure the Contractor shall advise the Client immediately. Force majeure entitles the Contractor, as well as the Client to withdraw from the contract. However, the Client shall compensate the Contractor for all expenses incurred or services already rendered.
5.2 The following in particular are deemed to be force majeure events: accidents; industrial disputes; acts of war; civil war; the occurrence of unpredictable hindrances that can be proved to significantly impede the Contractor in completing the order in accordance with the contractually agreed terms.
6. Liability for Defects (Warranty)
6.1 Any claims regarding the quality of the translation shall be asserted within two weeks after the delivery (posting, date of email) of the translation by registered letter. Defects must be explained sufficiently and proven in writing by the Client.
6.2 The Client shall grant the Contractor an appropriate period within which to rectify these defects and the opportunity to do so. In the event of the Client refusing to do so, the Contractor is exempted from any liability of defects. If the defects are remedied within said appropriate period by the Contractor, the Client shall not be entitled to any price reduction.
6.3 In the event the Contractor allows the appropriate period to elapse without remedying the defect, the Client shall be entitled to terminate the contract or to demand a price reduction. In the case of minor defects, the Client shall not be entitled to terminate the contract termination or demand a price reduction.
6.4 Warranty claims shall not entitle the Client to withhold or set off any agreed payments.
6.5 In the case of translations used for printing, liability for defects shall only be applicable if the Client has expressly informed the Contractor of his/her intention to publish the text and if the Contractor is provided with the galley proof (author’s proof), including the final version of the text to which no further changes are to be made. In this case, the Client shall pay an appropriate reimbursement for proofreading or an appropriate hourly rate to be charged and invoiced by the Contractor.
6.6 There is no liability whatsoever for defects in relation to poorly legible, illegible or incomprehensible source material. This shall also apply to the proofreading of translations in compliance with Point 2.9 and 5.5.
6.7 Stylistic corrections or the adaptations of specific terminology (especially industry-specific, internal company terminology and the like) shall not be deemed translation defects.
6.8 There is no liability for defects involving order-specific abbreviations that were not indicated or explained when the order was placed.
6.9 The Contractor shall not be liable for the correct transliteration of names and addresses from source materials that are not written in Latin characters. In such cases it is recommended that the Client include a separate document with the correct spelling of names and other words in capital Latin characters. This shall also apply to illegible names and numbers in birth certificates and other documents.
6.10 Numbers are reproduced as they appear in the source text (manuscript). No liability is assumed for the conversion of numbers, measurements, currencies and the like.
6.11 Unless they are returned to the Client at delivery of the translation, the Contractor shall be liable for manuscripts, original documents and the like provided by the Client as a safekeeper in accordance with the Austrian Civil Code for a period of four weeks after order completion. No insurance obligation shall apply. Point 3.5 applies to the return of such documents analogously.
6.12 The Contractor shall bear no liability for the provision of translators and interpreters, with the exception of damages resulting from intent or gross negligence in the selection process.
6.13 The Contractor shall bear no liability for proofreading services in compliance with Point 2.9 if the source text is not provided.
6.14 The Contactor shall bear no liability for any defects or impairments (such as virus infections, the violation of non-disclosure agreements, etc.) resulting from the delivery of translations by electronic means (e-mail, modem, etc.) except in cases of gross negligence on the part of the Contractor.
7.1 Any claims for damages to be paid by the Contractor are limited to the (net) amount invoiced, unless otherwise stipulated by binding law. This limitation shall not apply to cases of gross negligence or intentional acts. There is no liability for lost profit or consequential losses.
7.2 In the event the Contractor has taken out liability insurance for financial losses, claims for compensation shall be limited to the amount that is covered by the insurance company in the specific case.
7.3 The Contractor undertakes to obligate its staff to keep secret the contents of the translations. The Contractor bears no liability for violation of this obligation on the part of its staff.
8.1 Unless otherwise agreed, payment shall be made in cash upon handing over of the translation, or immediately after invoicing. The Contractor shall be entitled to demand an appropriate advance payment. Advance payment of the full order amount may be demanded from private persons and foreign Clients. If collection by the Client is agreed and the translation is not collected on the agreed date by the Client, the Client’s payment obligation shall come into force on the day that the translation is ready for collection.
8.2 In the event of delay in payment, the Contractor shall be entitled to withhold documents provided for translation (such as manuscripts for translation). In the event of a delay of payment, interest on late payments amounting to 12% p.a. will be charged.
8.3 In the event that the terms of payment agreed upon by the Client and the Contractor are not met, the Contractor shall be entitled to cease work on unfinished assignments until such time as the Client meets his/her payment obligations. This also applies to assignments for which a fixed date of delivery has been agreed upon (see Point 3.1). If the value of the payment obligation is significantly less than the value of the document, the Contractor shall only be entitled to retention up to the value of the payment obligation. In the event the Client ceases working on the order, the Client shall be entitled to no claims whatsoever, while the rights of the Contractor shall be prejudiced in no way whatsoever.
The Client is liable for payment of all bank transfer fees and bank charges.
9. Obligation of secrecy
The Contractor shall be obliged to secrecy. The Contractor shall take the necessary precautions to ensure that all subcontractors are also obligated to maintain secrecy. However, the Contractor shall not be liable for non-compliance with this obligation on the part of subcontractors except in the event of fault in the selection of the subcontractors. The Contractor assumes no liability for the security of the electronic transmission. The Contractor must be notified at the time of the placing of the order should the Client desire any special form of encryption.
For a period of 12 months after completion of an order the Client agrees not to enter into any kind of business relationship with the external subcontractors used by the Contractor.
11. Indemnification and holding harmless by the Client / Copyright
11.1 The Contractor shall not be obliged to check whether the Client has the right to translate the source texts or have these translated, but is entitled to assume the Client has all the relevant rights in relation to third parties necessary for performance of the order. The Client expressly assures the Contractor that he/she is in possession of such rights.
11.2 In the case of translations protected by copyright, the Client is obliged to declare the purpose for which he/she intends to use them. The Client gains only the rights that correspond to the declared purpose for which the translations are to be used.
11.3 The Client is obliged to indemnify the Contractor against all claims by third parties arising from breach of copyright, related rights or other industrial property rights or rights to the protection of privacy. This shall also apply in cases where the Client does not declare the intended purpose or uses the translation for purposes other than those declared. The Contractor must notify the Client of any such claims immediately and give third-party notice of a dispute in the event of legal proceedings. In the event the Client does not join the Contractor in the proceedings after having been given third-party notification, the Contractor shall be entitled to recognise the claim of the plaintiff and claim indemnity from the Client regardless of the legitimacy of the claim recognised.
12. Place of jurisdiction
The place of performance for all contractual relationships subject to these General Terms and Conditions shall be the registered place of business of the Contractor. In the event of disputes regarding the existence or non-existence of such a legal relationship and disputes arising from such legal relationships, suits filed by the Contractor shall be settled at the discretion of the Contractor either at the competent court of the Client or at the competent court of the Contractor; suits filed against the Contractor shall be settled exclusively at the competent court of the Contractor. Austrian law shall apply.
13. Binding nature of the contract
The legal invalidity of individual provisions of this contract shall have no effect on the validity and binding nature of the remaining provisions of this contract.
All personal data of the client received in connection with the business relationship are processed by Connect Translations Austria GmbH or its associated companies in compliance with the legal regulations.
15. Other matters
Every statement, piece of information or confirmation of receipt sent by the Contractor by email is deemed as having reached the Client at the time of sending if the email is sent to the last known email address given by the Client (pursuant to § 12 ECG).
All subsidiary agreements, changes and/or amendments to these provisions require the written form if they are to be valid.
Section II – Interpretation
Unless otherwise agreed in writing, the following conditions also apply for our interpreting services.
1. Obligations of the Client
The Contractor shall organise the interpreters for events of the Client based on the requirements submitted by the Client. The Client is obliged to inform the Contractor in writing at the time of conclusion of the contract of the exact requirements with regard to the desired language combination(s), team composition arrangements or any special requirements over and above those usually expected of experienced conference interpreters. Any changes made at a later date require the written counter-confirmation of the Contractor if they are to become valid.
Furthermore, the Client is obliged to provide the Contractor with sufficient info material and documents for each interpreter at the latest one week before the start of the event, as the quality of the interpretation depends to a great extent on the preparation of the interpreter and therefore also on the info documentation provided by the organiser of the event (presentation manuscripts, programmes, invitations, agendas, reference material from earlier events, a list of websites relevant for the events such as general websites to the topic, websites of companies/institutions/associations participating in the event, glossaries etc.); this applies in particular to any texts to be read or videos/films to be shown during the event.
The Contractor is released from any liability whatsoever with regard to the quality of the interpreter service in the event that documents are not provided by the Client in good time or not in a sufficient quantity. The Contractor is entitled to reproduce itself any reference material not provided by the Client in the sufficient numbers and to invoice the Client for any costs this involves.
2. Obligations of the Contractor
As Contractor, Connect Translations Austria GmbH undertakes to work together exclusively with experienced, well-qualified interpreters. It makes every effort to select interpreters in accordance with the specialist fields of each individual interpreter. Should the Client make any complaints with regard to the quality of the interpretation service, the Client is obliged to prove the deficiency specifically without delay indicating the interpreter concerned (for example by means of audio tapes). Liability claims on the part of the Client with regard to complaints concerning the quality of the interpreting service may be asserted by the Client solely against the individual interpreter, not however against Connect Translations Austria GmbH.
Connect Translations Austria GmbH is at the disposal of the Client with regard to the order before, during and after the event as the sole contact partner and offers its services either as a complete package or individually. It should be noted that interpreters and translators of Connect Translations Austria GmbH are expressly forbidden to work directly with the Clients of Connect Translations Austria GmbH or offer their services to these Clients (e.g. by handing out business cards etc.). For this reason Clients of Connect Translations Austria GmbH agree to notify the company without delay of any such incident or to appear as a witness for Connect Translations Austria GmbH in the event of legal action in the case of a violation by an interpreter and/or translator of Connect Translations Austria GmbH in which they as the Client are involved.
3. Interpreter fees
The fees for interpreter services are determined in compliance with the rates of Connect Translations Austria GmbH or in compliance with its written cost estimates. Cost estimates are only valid if given in writing. Cost estimates given in any other form serve only as non-binding guidelines.
Cost estimates dating back more than 1 year before the date of the event are subject to a value stability provision, whereby an increase in the applicable rate of up to 5% p.a. is permissible (applies to interpreter services and equipment).
The organiser of the event is liable in full for any extra costs that arise in the event higher rates than envisaged for the ordering of interpreters become unavoidable due to reasons for which Connect Translations Austria GmbH is not responsible or that arise due to extra expenses (e.g. late placing of the order on the part of the organiser of the event).
Interpreter rates are usually calculated on a half-day or full-day basis. A half-day’s rate covers the attendance of the interpreter at the venue for maximum 4 hours; a full day’s rate covers the attendance of the interpreter at the venue for 8 hours. Overtime rates per interpreter and per hour will be charged if the agreed attendance time is exceeded. Full or half-day rates and overtime will be calculated from the time the interpreter is expected at the venue of the conference by the organiser of the event and that he/she has indicated in writing. Should the event start later than planned, this shall not be taken into account. Each hour started will be charged for as a full hour. Offsetting of remaining hours on a short conference day against the duration of another day is expressly excluded or rather requires a clear, written agreement prior to the start of the conference.
4. Interpreters’ travel expenses to and from the venue / other expenses
All expenses (hotels, transfers, accommodation, etc.) are charged to the Client.
Any other possible expenses or costs are calculated on the basis of the written agreements. Should these agreements prescribe a specific form of transport to be used by the interpreters/technicians to travel to the venue and should this be impossible to comply with due to circumstances for which the Contractor is not responsible (e.g. agreed form of transport not possible due to a railway strike), the Contractor is entitled to organise another form of transport and to charge for the respective costs (e.g. travel to the venue by car instead of the agreed form of transport and invoicing of the official kilometre allowance plus any necessary road tolls). Should the distance between the venue, station/airport or hotel of the interpreters/technicians be longer than 500 m, the Contractor is obliged to provide transport for the journeys necessary during the event and travel to or from the venue or to pay for a taxi for these journeys.
Should it be necessary to travel to/ from the event 1 day before / after the event, a half day’s rate will be charged for travelling times unless otherwise agreed. The generally applicable hourly rates shall apply for the travelling times.
Unless expressly otherwise agreed in writing, the Client is obliged to organise and pay for the accommodation of the interpreters/technicians should it be necessary for them to stay overnight. A sufficient number of single rooms must be provided in accordance with the number of team members.
Bookings must be made in the name of “Connect Translations Austria GmbH”. Should the special circumstances of a specific event make it necessary to begin installing the equipment more than 1 day before the start of the event, the Client is obliged to pay the costs of accommodation for the technicians as of this date or as of the respective evening before.
The Client is obliged to pay for the meals taken by the interpreters/technicians. This can be effected by means of a) provision of meals, b) reimbursement of submitted receipts, c) agreement of a per diem allowance for meals. The organiser of the event undertakes to provide a sufficient supply of drinks for the technicians/interpreters during their work in the cabin at his/her own expense.
Meals taken during the journey can be charged to the Client for journeys of more than 4 hours each way to or from the event.
The following cancellation fees apply in the event the order is cancelled:
a) 6 to 4 weeks before the start of the conference: 30% of the order amount
b) 4 to 2 weeks before the start of the conference: 50% of the order amount
c) less than 2 weeks before the start of the conference: 100% of the order amount
Expenses already paid (purchase of tickets, hotel reservations, already booked flight tickets etc.) and already incurred administrative costs (e.g. for bookings of interpreters already undertaken, briefings etc.) are invoiced for in full in the case of a cancellation.
In the case of cancellations made in the peak months of the conference season (May, June, September and October), the cancellation fee of 100% applies for all cancellations made later than 6 weeks before the start of the conference.
6. Force majeure
In the event of force majeure the Contractor is obliged to advise the Client of such immediately. Force majeure entitles the Contractor, as well as the Client, to withdraw from the contract. However, the Client shall compensate the Contractor for all expenses already incurred or services already rendered. The following in particular are deemed to be force majeure events: industrial disputes; acts of war; civil war; the occurrence of unpredictable hindrances that can be proved to significantly impede the Contractor in completing the order in accordance with the contractually agreed terms, happenstance, illness, accident, death.
The making and publication of audio tape or video recordings of the interpretation is only permitted with prior written approval. Unless otherwise agreed, a half-day’s rate is charged for the compilation of audio tape and/or video recordings per interpreter.
In the event of a default of an agreed payment before the start of the event, the Contractor is entitled to refuse performance of the agreed service, whereby the agreement is deemed cancelled in this case and the cancellation provisions shall become effective. Any additional work/overtime shall be invoiced for after the event. The Client is liable for payment of all bank transfer fees and bank charges.
Section III – Rental of interpreter and conference equipment
Upon request, Connect Translations Austria GmbH (referred to in the following as Rental Company) will assume the organisation of the technical equipment needed for congresses and interpreter orders. The following conditions apply for all individual rental agreements for conference equipment, discussion systems, interpreter systems (incl. mobile guidance systems) and voting systems.
The party renting the equipment acknowledges these conditions as binding. Every deviating agreement requires the written confirmation of the Rental Company.
The party renting the equipment waives the right to assert his/her own General Terms and Conditions. These shall not become the subject matter of the agreement either through silence on the part of the Rental Company or its performance.
The costs for the conference equipment depend on the type of equipment and the facilities in the room. For this reason the prices quoted are a non-binding guideline. A final offer cannot be made until we have received detailed information (room layout, photos, information concerning acoustics etc.) about the room in which the conference is to be held or have had an opportunity to view it.
The offer of the Rental Company is without engagement. The individual rental agreement comes into effect with the order confirmation of the Rental Company.
2. Installation, handover
The party renting the equipment is obliged to ensure that the premises, room facilities and supply installations are available in good time before the installation as agreed with the Rental Company. The costs incurred for this shall be born by the party hiring the equipment. Unless otherwise agreed, the Rental Company shall organise the transport and connection of the system on the premises of the party renting the equipment and the installation of the system ready for operation. The costs incurred for this shall be born by the party renting the equipment. Any additional expenses – e.g. arising as a result of additional services, obstacles to performance, working on Sundays and public holidays as well as night work and additional work – shall be borne by the party renting the equipment. The parties to the agreement are released from their contractual obligations in the event the Rental Company is prevented from delivering and installing the system in good time without being guilty of gross negligence. In compliance with these conditions (see Chapter III, Point 10), any claims for damages on the part of the party renting the equipment towards the Rental Company are excluded.
3. Rental period
The respective individual rental relationship begins on the day the equipment or systems are handed over ready for operation and ends on the date contractually agreed for the return of the equipment or systems.
4. Rental fee
4.1. Unless otherwise indicated by the Rental Company, the party renting the equipment shall pay the specified rental fee on receipt of the invoice without deductions and free of charges for the Rental Company.
In the event of a delay in payment on the part of the party renting the equipment, the Rental Company is entitled to charge default interest to the amount of 12% p.a. The party renting the equipment is only entitled to exercise a right of retention for claims arising from the same rental agreement. The party renting the equipment is only entitled to offset claims against the Rental Company if the Rental Company has acknowledged the counterclaim of the party renting the equipment or this has been upheld by a court of law.
4.2. Should an overnight stay be necessary for the technicians, the costs incurred for this shall be borne by the party renting the equipment. See Chapter II, Point 4 above.
4.3 In the event of a default of an agreed payment before the start of the event, the Rental Company is entitled to refuse performance of the agreed service, whereby the agreement is deemed cancelled in this case and the cancellation provisions shall become effective. Any additional work/overtime shall be invoiced for after the event. The party renting the equipment is liable for payment of all bank transfer fees and bank charges.
A deposit may fall due for payment with the handing over of the rental equipment to the party renting the equipment.
This shall be paid back to the party renting the equipment after the rental equipment has been returned, provided the rental equipment is in an orderly and proper condition.
If this is not the case, the deposit shall first be retained by the Rental Company and offset against the respective claims.
6. Withdrawal from the rental agreement
Cancellations must be submitted in writing.
In the event the party renting the equipment withdraws from the agreement before transfer for use of the subject matter of the agreement, he/she is obliged to pay: a) in the case of withdrawal up to 4 weeks before the start of the event: 50 %, b) in the case of withdrawal at a later date: 100 % of the rental fee, plus VAT. Costs incurred for external services (e.g. transport costs, device modifications etc.) are to be paid additionally. Withdrawal of the party renting the equipment is only permitted in the case of a hindrance without fault.
7. Property and ownership relationships
The rented system remains the property of the Rental Company. Without the prior approval of the Rental Company, the party renting the equipment is not permitted to move the system or any parts of it to a location other than that specified in the individual rental agreement. The party renting the equipment is not entitled to pass on the subject matter of the agreement to any third parties either against payment or without payment or allow third parties to use it.
8. Receiver handout
The party renting the equipment is responsible for handing out the receivers with headsets. He/she must provide the necessary helpers for this. Upon request, the Rental Company will undertake handing out the receivers in exceptional cases. The costs incurred for this shall be borne by the party renting the equipment. The handout procedure shall in no way affect the liability provision pursuant to Chapter III, Point 9.
9. Liability of the party renting the equipment
The party renting the equipment shall handle the system with all due care, keep it safe from damage and theft in rooms that can be securely locked (!) and only use it for its intended purpose.
No changes, interventions, repair work may carried out on the rented equipment without the approval of the Rental Company. In particular the party renting the equipment is obliged to observe the instructions for use for the rented equipment (e.g. charging of a battery).
The party renting the equipment is liable for the risk of damage or loss of the equipment for the duration of the rental relationship. In the event of damage, the Rental Company and the party renting the equipment shall compile a report together on site. If this has not been undertaken, the Rental Company shall document the inventory or condition of the system either at the place of installation or after it has been returned. The Rental Company may at its discretion have damage to the system components for which the party renting the equipment is liable rectified by means of repair or replacement at cost price.
The party renting the equipment will be charged for any system components not made available to the Rental Company immediately on conclusion of the rental period.
In the event of a delay in returning the rented equipment, the party renting the equipment is obliged to reimburse the Rental Company for any incurred damage (e.g. additional rental fee to fulfil the next order). However, he/she will be invoiced for at least the amount of the agreed rental fee.
Unless otherwise agreed, the original price will be charged as the replacement value should the rented equipment be lost, provided the party renting the equipment does not him/herself provide a replacement within 7 days.
10. Liability of the Rental Company
The Rental Company is not liable for any damage incurred by the party renting the equipment during the rental period due to a breakdown or malfunction of the rented equipment or connected with proper operation of the rented equipment. In the event of liability of the Rental Company due to delay or impossibility of performance, the amount of the claims for damages is limited to the agreed rental fee for the period the rented equipment was not available for the party renting the equipment. Otherwise the Rental Company is liable only in cases of wilful intent or gross negligence, provided there is no liability for injury to life, body or health or for breach of cardinal contractual obligations. However, the claim for damages arising from the breach of cardinal contractual obligations is limited to usual foreseeable damage typical for this type of agreement.
11. Return of the system
The party renting the equipment undertakes to return the rented equipment including all accessories to the Rental Company at his/her own cost and risk complete, intact and on time, and shall be liable for any damage or losses.
In the event of a delay in returning the rented equipment, the rental period shall be extended proportionately to the length of time of the delay. In this case the fees specified in the offer shall apply accordingly. Acceptance of the returned rented equipment on the part of the Rental Company in no way constitutes confirmation that this has been handed over free of defects. The Rental Company reserves the right to thoroughly examine the rented equipment with regard to damage and function. The party renting the equipment is obliged to point out to the Rental Company any damage to the equipment without being requested to do so, at the latest when the equipment is returned.
Last updated April 2020