TERMS OF SERVICE
I. Conditions Applicable to All Contracts
§ 1. Function of the general terms and conditions
For the current and future business relationship between EMT GmbH and the customer, these general terms and conditions (GTC) apply in addition to the individual contractual agreements. Deviating agreements are only binding if they are expressly confirmed in writing for each individual case.
§ 2. Conclusion of contract, submission of subsequent declarations of intent
(1) The customer is bound to his order for 14 days. EMT GmbH can reject the order within this period. If there is no rejection, the order is deemed to have been accepted after the 14th day.
(2) Within the framework of an existing contractual relationship, subsequent declarations of intent by the parties that must be received, in particular terminations, partial terminations, additional service orders and their acceptance, must be in writing in order to be effective.
§ 3. Powers of representation
Powers of representation or disposal that the customer has announced shall continue to apply until EMT GmbH receives written notification of the expiry or a change.
§ 4. Liability
(1) Subject to specially agreed duties of care, EMT GmbH is only liable for such damage that is based on a grossly negligent breach of duty or on an intentional or grossly negligent breach of duty by one of its legal representatives or vicarious agents. Excluded from this are damages resulting from injury to life, limb or health.
(2) The liability of EMT GmbH for defects in newly manufactured items and work is limited to supplementary performance. If subsequent performance has failed or is impossible, the customer can choose to reduce the price or withdraw from the contract. The supplementary performance is deemed to have failed if the second attempt at supplementary performance also fails. In the case of high-tech devices or services, supplementary performance is deemed to have failed if three attempts at supplementary performance are unsuccessful.
§ 5. Fees
(1) Invoices are payable immediately without deduction, unless a cash discount has been agreed in writing in individual cases. Bills of exchange and checks will only be accepted free of charge and expenses for EMT GmbH after a special agreement. Acceptance is on account of performance.
(2) All fees that the customer has to pay to EMT GmbH do not include the statutory sales tax.
(3) The customer can only offset a payment claim from EMT GmbH with an undisputed or legally established claim.
§ 6. Other Provisions
(1) The parties agree that verbal or written ancillary agreements that are not contained in the contract are deemed not to have been made. Any change or addition to the contract must be in writing and signed by both contracting parties. Agreements made contrary to this form are ineffective. The waiver of the written form can only be agreed in writing. Changes to the terms and conditions that come about under the conditions of the general or special terms and conditions remain unaffected.
(2) The stipulations of this contract also apply to subsequent additional agreements, unless they are expressly waived in writing.
(3) Even after the termination of the entire business relationship or individual transactions, the General Terms and Conditions shall continue to apply.
(4) Should individual provisions of this contract be or become invalid, the rest of the contract remains valid. Any ineffective provisions are to be replaced by provisions that regulate the contractual intent of the parties in a legally permissible manner.
(5) In the case of multilingual contract texts, only the German one applies. Contract translations into languages other than German do not become part of the contract even if they are signed by one or both parties, provided that the translation in the respective language refers to this fact.
(6) The law of the Federal Republic of Germany shall apply to this contractual relationship. German jurisdiction applies.
(7) If the customer is a merchant, a legal entity under public law or a special fund under public law, or if he does not have a general place of jurisdiction in Germany, the parties determine the local court at the registered office of EMT GmbH to be responsible. The right of EMT GmbH to bring an action against the customer before a court that is competent under the statutory rules remains unaffected.
II. Terms and Conditions for Commodity Transactions
§ 7. Passing of risk in the case of shipment of goods, obligation to give notice of defects
(1) Items (goods) that are purchased, rented or manufactured for the customer are generally handed over to the customer on the business premises of EMT GmbH.
(2) Dispatch and delivery are at the expense and risk of the customer. The risk passes to the customer when the goods are dispatched. If EMT GmbH carries out the shipment with its own means of transport, the risk passes to the customer upon departure from the warehouse.
(3) Obvious material defects must be reported immediately in writing by the customer.
III. Conditions of Sale
§ 8. Retention of title
(1) In the case of sales contracts, the delivered goods remain the property of EMT GmbH until the agreed purchase price has been paid in full and all and future claims arising from the business relationship between EMT GmbH and the customer have been settled, including all ancillary claims and until the checks accepted in accordance with Section 5 have been honoured. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns the claims arising from the resale to EMT GmbH in advance in the amount of the respective invoice value of the reserved goods at the time of the order. EMT GmbH is authorized to collect the claim. The customer is not entitled to pledge or transfer ownership of the reserved goods.
(2) The assertion of the retention of title and the pledging of the delivered goods by EMT GmbH do not count as withdrawal from the contract.
§ 9. Liability for second-hand goods
Liability for material defects in used goods is excluded, but in the case of consumer goods purchase contracts only with regard to the customer's claim for damages. § 4 remains unaffected by this.
IV. Rental Conditions
§ 10. Rental period
In the case of rental contracts, the rental period is at least one day. The rental period is extended by a further day if the rental object has not arrived on the last day of the agreed period by close of business or by the time agreed in writing by both EMT GmbH. The rental begins on the calendar day on which the rental object leaves the warehouse of EMT GmbH and ends on the calendar day on which the rental object arrives at EMT GmbH during normal business hours or at the time agreed in writing.
§ 11. Acceptance of the leased property
When accepting the rental property, the customer is obliged to ensure that it is in perfect condition, functions correctly and is complete. Complaints and complaints must be submitted in writing without delay.
§ 12. Dealing with rented items
(1) The customer must not misuse the rental object and only have it operated by qualified specialists in the manner intended by EMT GmbH, in accordance with the operating instructions. EMT GmbH is entitled, and the customer must enable EMT GmbH, to inspect the rented property at the place of use at any time.
(2) The customer is not entitled to make changes, adjustments or modifications, to carry out or attempt repairs on the device, unless EMT GmbH has given him prior written approval to do so.
(3) Company logos and identification numbers of the manufacturer or lessor, standard signs and other designations are to be left unchanged on the rented property.
(4) The customer is obliged to notify EMT GmbH immediately of any damage occurring or the loss of the rental object during the rental period. He has to compensate EMT GmbH for any loss of the rental property or damage to the rental property at replacement value, but can prove that the damage was less.
§ 13. Conduct in the event of attachments by third parties
In the event of seizure of the rental property of EMT GmbH, the customer must immediately send the record of the seizure together with an affidavit, which shows that the seizure affects the rental property of EMT GmbH. The same applies if rights to the rented property are asserted by third parties (property owners, mortgage creditors, landlord's lien, etc.).
§ 14. Return of the rented item
(1) The customer undertakes to return the rental object in the condition in which he received it from EMT GmbH. Cables that are not wound up or not wound up properly, as well as destruction and soiling of any kind of the rental object, will be charged at the usual hourly rate.
(2) By taking back the rental property, EMT GmbH does not confirm that it was handed over without defects. EMT GmbH expressly reserves the right to inspect the rental property in detail.
§ 15. Provision of security
The customer makes a deposit for each rental object in the form of a cash payment. The amount of the deposit is contractually determined individually, it is interest-free and is only due for repayment if EMT GmbH has determined that the rental property is free of defects after the rental property has been returned.
§ 16. Liability of the tenant
(1) The lessee is obliged to take out all the usual insurance policies for the rental property
(2) If the lessee withdraws from the rental agreement or refuses to accept the lessor's service for another reason, the lessee must pay compensation for the expenses incurred and reduced opportunities for renting the property elsewhere in accordance with the following provisions. In the following, the order volume is understood to mean 100% of the services owed by the lessee, which consists of the rent plus any agreed wages and the services of sub-contractors commissioned by the lessor.
All prices are exclusive of statutory VAT. The calculation of the following deadlines is based on the date on which the rental agreement was concluded between the parties.
The lessee must then pay the following cancellation fees in the event of a cancellation:
up to 60 days before the start of the rental 5% of the order volume up to 45 days before the start of the rental 20% of the order volume up to 30 days before the start of the rental 35% of the order volume up to 10 days before the start of the rental 50% of the order volume up to 3 days before the start of the rental 80% of the order volume. If the rented item is not picked up after the due date, the renter owes damages amounting to 80% of the order volume. The landlord is entitled to set the tenant a short period of grace after the due date and to rent the rented property to someone else when this period expires.
V. Conditions for work performance
§ 17. Liability for material defects, repairs
(1) The customer is liable, regardless of fault, for all damage caused to EMT GmbH due to defective material supplied by him, in particular in the form of data, insofar as EMT GmbH is not responsible for this, and indemnifies EMT GmbH from third-party claims in this regard . In particular, data that does not correspond to the respective data specification, data afflicted with so-called computer viruses or third-party intervention rights and copyrights, as well as content that otherwise violates the rights of third parties, public order or morality are considered faulty.
(2) In the case of repair orders, the liability of EMT GmbH is limited to the replacement value of the device, notwithstanding Section 4.