AGB EN

General Terms AnD CONDITIONS AVMS Audio Video Media Services GmbH


CONTENTS:

  1. RENTAL OF EVENT TECHNOLOGY
  2. SALE OF EVENT TECHNOLOGY
  1. RENTAL OF EVENT TECHNOLOGY
  2. Scope of Application

    • 1. This part A. of our General Terms and Conditions (referred to as 'T&C' hereafter) shall apply to the rental of event technology through AVMS Audio Media Service GmbH (referred to as 'Lessor' or 'we' or 'us' hereinafter) to the lessee (referred to as 'Lessee' or 'Customer' or 'You' hereinafter).
    • 2. Contradicting or additional terms and conditions of the ustomer shall not become part of the contract.
  1. Conclusion of Contract

    • 1. The contract with us may be be concluded by way of individual communication (email, fax, phone, in person etc.) or through our website. Where the contract is concluded through our website, the following shall apply:

      • 1.1. Only if and once you order any goods and/or services on our website, such order of yours shall constitute a binding offer to conclude the respective contract. In order to make the order, please go through the order process on the Website and complete the information required therein. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.
      • 1.2. We may accept your offer within five days by
      • - submission of a confirmation of order by post, fax or email, or
      • - request to make payment.

Customer's receipt of our confirmation of order or request of payment shall be the relevant point of time for our compliance with the aforesaid time period.

  • 1.3. We will store the provisions of the contract, including the order information and the present T&C. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The order/ registration data is contained in the order overview presented within the last step of the order/ registration process. In case of contracts against payment, the provisions of the contract including without limitation the present Terms and Conditions will be also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
  • 1.4. Languages made available for conclusion of the contract shall be English and German.

 

  1. Services, Prices and Payment Terms

    • 1. Our services, prices and termination periods are detailed in the documents pertaining to our offer or (in case of online orders) in the specifications on services and prices on our website.
    • 2. We shall be entitled to request an adequate provision of security or advance payment.
  1. Treatment of the Rental Equipment

    • 1. The Lessor shall treat the rental equipment considerately and with due care, including without limitation operation of the rental equipment by competent staff and protection from humidity.
    • 2. The Lessee shall provide for sufficient and uninterrupted power supply and avoid overvoltage. Should the power supply be provided through generator sets, the Lessee shall notify us thereof prior to the use of the rental equipment.
  1. Return of the Rental Equipment

    • 1. The Lessee shall return the rental equipment at the time of expiration of the rental period at the agreed location in the same state in which the Lessee took it over, except for normal wear and tear by the Lessee's use of the rental equipment. The return shall be made during our usual office hours, unless provided otherwise in text form.
    • 2. Should the Lessee not return the rental equipment upon expiration of the rental period, we shall be entitled to request, as a compensation and for the duration of the of the withholding, the agreed rent or the rent which is customary in the place. Our rights to further damages shall remain unaffected. The Lessee shall be free to prove  that we have not suffered any damage or a lower damage.
  1. Cancellation by the Lessee

 

  • 1. The Lessee may cancel the agreement at any time.
  • 2. Where the Lessee does not use the rental equipment or ordered services due to a cancellation or for any other reasons we shall be entitled to adequate compensation. Such compensation shall be calculated as follows:
  • - From the 30th day prior to the beginning of the rental period 25% of the rent.
  • - From the 14th day prior to the beginning of the rental period 50% of the rent.
  • - From the 7th day prior to the beginning of the rental period 90% of the rent.

The Lessee shall be free to prove  that we have not suffered any damage or a lower damage.

  1. No Right of Revocation

The (consumer's) legal right of revocation does, unless agreed to the contrary between the parties, not apply i.a. to contracts regarding the provision of services in the areas of accomodation for purposes other than residential use, transport of goods, car rental, delivery of food or beverage as well as the provision of other services relating to recreational activities if the contract provides, for such provision of services, a specific time or time period. Accordingly, due to the fact that we provide our event technology and our related services solely scheduled for predetermined dates, a (consumer's) right of revocation is not applicable.

 

  1. Liability of the Lessor

    • 1. For defects of the rental equipment which were already in existence at the time of our making available of the rental equipment to the Lessee, we shall only be liable in case that such aforesaid defects are caused by our fault.
    • 2. Our liability for damages, on whatever legal ground, shall be limited to intention and gross negligence. This shall not apply in case of violation of life, body or health, insofar our liabililty shall also apply to damage caused by negligence. In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with. The aforesaid exclusions and limitations of liability shall apply accordingly to the persons assisting us in the performance of our obligations hereunder. Any liability based on the assumption of a guarantee or under mandatory provisions of the applicable product liability laws shall not be affected by the aforesaid exclusions and limitations of liability.
  1. Form of Declarations

Legally relevant declarations and notifications which the Customer has to submit to us or to third parties require text form at least.

  1. Choice of Laws and Place of Jurisdiction

    • 1. German law shall apply exclusively. Where the customer is a consumer according to section 13 of the German Civil Code ('Bürgerliches Gesetzbuch', abbr. 'BGB'), such choice of law shall only apply to the extent that it does not restrict mandatory provisions of the country where the customer has its habitual place of abode.
    • 2. For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at Producer's location instead.

 



  1. SALE OF EVENT TECHNOLOGY
  1. Scope of Application

    • 1. This part B. of our General Terms and Conditions (referred to as 'T&C' hereafter) shall apply to the sale of event technology through AVMS Audio Media Service GmbH (referred to as 'Seller' or 'we' or 'us' hereinafter) to the purchaser (referred to as 'Customer' or 'You' hereinafter).
    • 2.   Contradicting or additional terms and conditions of the Customer shall not become part of the contract.
  2. Conclusion of Contract

    • 1.   The contract with us may be be concluded by way of individual communication (email, fax, phone, in person etc.) or through our website. Where the contract is concluded through our website, the following shall apply:

      • 1.1. Only if and once you order any goods and/or services on our website, such order of yours shall constitute a binding offer to conclude the respective contract. In order to make the order, please go through the order process on the Website and complete the information required therein. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.
      • 1.2. We may accept your offer within five days by
      • - submission of a confirmation of order by post, fax or email, or
      • - request to make payment.

Customer's receipt of our confirmation of order or request of payment shall be the relevant point of time for our compliance with the aforesaid time period.

  • 1.3. We will store the provisions of the contract, including the order information and the present T&C. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The order/ registration data is contained in the order overview presented within the last step of the order/ registration process. In case of contracts against payment, the provisions of the contract including without limitation the present Terms and Conditions will be also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
  • 1.4. Languages made available for conclusion of the contract shall be English and German.

 

 

  1.      Disturbances of Delivery

 

  • 1. Should any applicable goods not be available for delivery due to a failure of a contractor of us to deliver such product and despite a contractual obligation of such respective contractor to do so, then we shall be entitled to cancel the applicable individual contract entered into with the Customer. In such event we shall inform the Customer without undue delay that the ordered goods are not available any more, and we shall refund the remuneration, if paid already, without undue delay.
  1.      Retention of Title
  • 1. If you are a Consumer the following shall apply:

    We shall retain title in the goods delivered by us until full payment (referred to as "Goods Delivered Under Retention Of Title" hereafter).
  • 2. If you are an Entrepreneur the following shall apply:

We shall retain title in the Goods Delivered Under Retention Of Title until we will have received any and all payments under the business relationship with the Customer. We shall release such aforesaid securities upon the Customer's request to such extent as the value of our securities exceeds the value of the secured debt of the Customer at more than 10%; in such event we shall be entitled to select, at our free discretion, the securities which are to be released.

The Customer shall be entitled to sell the Goods Delivered Under Retention Of Title to third parties within the ordinary course of business; however, the Customer hereby already assigns to us any and all claims accruing to him from such resale to third parties.

 

 

  1.      Claims arising from Defects/ Warranty
  • 1. If you are a consumer the following shall apply:

Our warranty obligations towards consumers are solely determined by the default warranty provisions under the applicable laws.

  • 2. If you are an Entrepreneur the following shall apply:

    Where the Customer acts as a merchant within the meaning of section 1 of the German Commercial Code ("Handelsgesetzbuch", abbr. "HGB"), it shall examine the goods after receipt without undue delay. It shall, after receipt of the goods, notify us of apparent defects without undue delay or  - should the defect become apparent only at a later point of time - without undue delay after the discovery of the defect. The timely dispatch of the notice shall suffice to preserve the Customer's rights. Should such notice not be given or not be given in time, the goods shall be deemed approved. This shall not apply where we fraudulently concealed the defect.

    If and to the extent of a defect of the purchased goods, we shall, in the first place, provide warranty by way of cure. We shall perform such cure, at our choice, either by way of remedying the defect or by way of replacement delivery. Should such aforesaid cure fail, the customer shall be entitled to abate the remuneration or - in case of significant defects - to terminate the contract.

    The warranty period for Customer's claims regarding defects of the goods shall be one year from delivery of same to the Customer. This shall not apply to Customer's claims for damages directed at a compensation for a bodily injury or for an injury to health, and based on a defect for which we are responsible, or on gross negligence of us or of a person assisting us in the performance of our obligations; such claims shall be subject to the applicable limitation period provided for under the applicable laws.

 

  1.      Exclusions and Limitations of Liability

 

  • 1. Our liability for damages shall be subject to the following:

    • 1.1. In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
    • 1.2. In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
    • 1.3. Otherwise our liability, regardless of its legal grounds, shall be excluded.
    • 1.4. The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favour of the persons assisting us in the fulfilment of our obligations.
    • 1.5. Any liability based on the assumption of a guarantee or under the German Product Liability Act ("Produkthaftungsgesetz") shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).



  1.    Choice of Law, Jurisdiction

 

  • 1. Applicable Laws

    • 1.1. The laws of Germany shall apply. The Convention on the International Sale of Goods shall not apply. Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
  • 2.   Court of Jurisdiction
  • 2.1. For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at Producer's location instead.
 

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AVMS ZENTRALE BERLIN
Audio | Video | Media | Services
Anni-von-Gottberg-Straße 1
D-14480 Potsdam
Tel:  +49 (0)331 / 600 26-0
Fax: +49 (0)331 / 600 26-26
E-Mail

 

AVMS RHEIN/MAIN
Audio | Video | Media | Services
Höchster Straße 78
D-65835 Liederbach
Tel:  +49 (0)69 / 48000 97-0
Fax: +49 (0)69 / 48000 97-80
E-Mail
 
 
 
Unbenannt 1
Audio | Video | Media | Services
Heinrich-Hertz-Straße 21
D-30966 Hemmingen/Hannover
Tel:  +49 (0)511 / 898 118-0
Fax: +49 (0)511 / 898 118-80
E-Mail
 

Adressen

AVMS HANNOVER
Audio | Video | Media | Services
Heinrich-Hertz-Straße 21
D-30966 Hemmingen/Hannover
Tel:  +49 (0)511 / 898 118-0
Fax: +49 (0)511 / 898 118-80
E-Mail
 
AVMS SCHWEIZ AG
Audio | Video | Media | Services
Salzmattstr. 4
CH-5507 Mellingen
Tel:  +41 (0)56 / 491 91 71
 
 
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