Terms and Conditions
1. All orders shall only be accepted and executed under the following conditions. Conflicting declarations or conditions of the customer do not apply, even if we have not expressly objected to these. Conflicting agreements must be in written form.
2. Orders placed with us, including those placed by telephone, fax or email, are binding for the customer, but are only binding for us after order confirmation. The scope of our services is determined by our order confirmation. If further services are commissioned afterwards, we will only carry them out if we also confirm them. The mutual transmission of documents by fax or email satisfies the written form requirement.
3. Without the written consent of the customer within 12 months of the conclusion of the order, we shall neither act on behalf of the customer directly nor for the same production for another customer.
4. We are obliged to carry out orders placed with us to the best of our knowledge, taking into account the known technical specifications and information according to the applicable regulations and current practices. We will treat all information shared with us confidentially, even after completion of an individual order. Documents handed over to us will be returned to the customer upon completion of the order.
5. The customer is obliged to provide us with the information necessary to successfully execute the order within the agreed timeframe. If we find out before or during performing the order that the information given to us is insufficient, we will immediately notify the customer. Unless otherwise agreed upon, the customer is obliged to carry out the work coordination prescribed by the respective trade association (§ 6 BGV-A1 [Provisions of the German Trade Association]); we are not liable for damages resulting from our customer’s breach of this obligation.
6. Insofar as employees of the customer or third-party employees are made available to plan or carry out the order, we are not obliged to supervise statutory working hours and work safety regulations without a special agreement. The client is obliged to inform us in advance about any special hazards and risks at the place of installation prior to commencement of our work.
7. Material of any kind made available to us by the customer shall be in the condition that it complies with the recognized rules and current practices. This does not release us from the necessary tests before commissioning. Defects in the equipment shall be communicated to the customer.
8. When using our services, our remuneration is based on market-oriented prices. This may vary per workforce and performance. The costs for services are always presented in a separate offer. We are obliged to attach a proof of performance to our invoice. If the customer does not object to the content of the proof of performance within 10 business days after its receipt, the burden of proving that our (partial) services have not been provided falls to the customer. We reserve the right to grant partial invoices for partial services, also accompanied by proof of the services rendered.
9. Returns on ordered goods are generally excluded. The guarantee and warranty periods of the respective product and the respective manufacturer apply. These times can vary and will be noted by us. In individual cases separate return conditions may be negotiated with an employee prior to the purchase of the goods. Defective individual components or partial functions or technical defects shall be subject to the respective rectification rights. If a single product does not fulfill the desired function in a project, the customer is not entitled to demand a higher-quality solution for fulfilling the function. We would like to explicitly point out that not all individual components can be made available for testing purposes in the planning phase of overall solutions, in order to prove a mutual harmonization thereof. A complete solution is always fictional. In this case, the respective components are always evaluated separately. Any delivery of goods is based on preliminary planning based on the information provided to us by the customer. For direct online purchasing, we would like to point out that the customer has informed themselves in advance about the services and functions of the respective products.
10. By ordering a service or product, you agree to the use of your data for promotional purposes. If you do not agree, you can object to the use of your data by sending an email to firstname.lastname@example.org.
11. We are obliged to insure our services and keep them insured as far as possible. We shall not be liable for any loss or loss of property and/or loss of income beyond the coverage of our operational liability insurance. We are only liable for gross negligence and willful misconduct. This limitation of liability also extends to claims of third parties which are included in the scope of protection of the contract. In the event that we are prevented from carrying out the order for reasons beyond our control, our customer shall be entitled to rescind the contract. In this case, claims for damages by our client are excluded if legally possible.
12. Invoices shall be payable in net by the customer immediately upon the agreed due date. Medivas reserves the right to demand payment in advance. Furthermore, irrespective of any other provisions of the customer, Medivas shall be entitled to apply the customer’s payments to older debts, and if fees and interest have already been incurred, the payment shall initially be applied to the fees, then to the interest and finally to the principal claim. A payment is only deemed to have been successfully carried out if Medivas has the equivalent value. If the customer is in default of payment, Medivas is entitled add interest to the debt. The annual default rate is nine percent above the base interest rate. In addition, Medivas reserves the right to assert further damages. The customer is obliged to pay a lump sum in the amount of €40.00 in the case of Medivas’ documented additional costs. If the customer is in default, Medivas is entitled to immediately initiate a court order for payment.
13. The place of performance and jurisdiction for all disputes shall be the court competent for the domicile of our customer.
14. Should individual provisions of the above terms be or become invalid, the validity of the remaining provisions shall remain unaffected. In this case, the invalid provision shall be replaced by the one which most closely corresponds to the purpose of the contract.
General Rental Terms and Conditions
a) The following General Rental Terms and Conditions are an integral part of all our rental offers and rental agreements and are also applicable to all future rental agreements with us. If deliveries and services (for example, program compilations) are provided in connection with a rental agreement and its implementation, our general terms and conditions shall additionally apply.
b) Agreements conflicting with these General Rental Terms and Conditions require our express written confirmation, in particular if these are made by our employees or representatives. Conflicting terms and conditions of the lessee are explicitly and in every case contradicted.
c) Our offers are non-binding unless explicitly indicated as binding. The lease is only concluded by our confirmation of order or through the leasing of the rental item.
2. Rental item The object of the rental agreement is the individual equipment listed in our order confirmation. We reserve the right to replace the devices mentioned in this document with other devices which function similarly.
3. Rental period, rent, dates, force majeure
a) The rental period begins and ends at the times specified in the rental contracts. If a rental period’s start date is not expressly indicated, the rental period starts when the object reaches the client.
b) The rent to be paid is stated in the rental contract. If a rent is not included therein, the general rental fee calculated by us for the rented equipment is valid.
c) If we are in arrears with the timely delivery of the rented equipment, the lessee shall set a reasonable grace period.
d) war, strike, lock-out, raw material and energy shortage, operational and traffic disruption, acts decreed by public authorities – including insofar as they render the execution of the affected business unprofitable on an ongoing basis in the foreseeable future – as well as all cases of force majeure, also with our suppliers, release us from obligations under the rental agreement for the duration of the disturbance and the extent of its impact. Such events entitle us to withdraw from the contract in full or in part without the lessee being entitled to compensation for damages.
4. Shipping, packaging, insurance
a) The rental item will be delivered in standard packaging only. The risk is transferred to the lessee upon handover to the transport company. This also applies when the choice of the means of transport and transport company is made by us, as well as if, in exceptional cases, we bear the transportation costs.
b) The lessee has to raise objections about transport damages directly against the transport company within the specified time limits.
5. Payment of the rent
a) If the rent is to be paid according to the rental contract in a single payment, the rent is to be paid immediately after the invoice; if the rent is calculated in months, it is payable monthly in advance.
b) We are not obliged to accept checks or bills of exchange, and the acceptance of checks and bills of exchange is only taken for processing.
c) If the lessee is in arrears with a payment which is due, we are entitled to charge default interest at the rate of 8% above the respective base rate, irrespective of the assertion of a further default.
d) The offsetting with other than undisputed or legally established counterclaims, as well as the exercise of performance refusal and retention rights against our rental claims require our consent.
e) In case of doubts of the solvency of the lessee, in particular with regard to payment arrears, we may, subject to further claims, demand security as well as revoke granted terms of payment.
6. Warranty, damages
a) In the case of justified complaints due to defects in the rental object, we shall, at our discretion, remedy the defect, replace the defective rental object with a defect-free object, or release the lessee from the contract.
b) If the rental object is inspected at the lessee’s request and a defect in the rental object is not shown, the lessee shall compensate us for this as well as any expenses incurred as a result of any work on the rental object.
c) If the lessee has worked on the rental object or made changes, a warranty due to defects in the rental object is excluded.
d) The lessee’s claims for damages based on a minor negligent breach of our contractual or legal obligations are excluded.
e) Claims for damages on the part of the lessee due to delay or impracticality are, in the case of gross negligence, limited to the agreed rental rate of the delayed or departed part of the rental object.
f) If gross negligence has occurred, our liability is limited to the damage foreseeable at the time of the breach of duty.
7. Use and maintenance of the rental object
a) The lessee is obliged to use the rental object in a careful manner, in particular, carefully follow the instructions for use and the maintenance and care recommendations given. The lessee is obliged to maintain the rental object in its contractual condition.
b) Serial numbers, manufacturer’s labels or other identification marks on the rental object must not be removed, concealed or distorted in any way.
c) The lessee is only entitled to make modifications, fixtures, attachments, etc. to the rental object with our prior written consent. The lessee is obliged at our request, upon conclusion of the rental agreement, to restore the former condition of the rental object at his/her own expense. If we do not make use of this right at the end of the contract and if the lessee returns the rented property in the modified state, the lessee may not demand reimbursements for the alteration, installation, removal, etc. expenses incurred.
d) The lessee is responsible to the renter for all damages resulting from use of the rental object which does not comply with the conditions specified.
8. Loss of rental object
a) During the duration of the rental agreement, the lessee bears the risk of accidental loss and the accidental deterioration of the rental object. Such events do not relieve the lessee of compliance with the obligations assumed in the rental agreement, in particular to pay the rent. The lessee is obliged to inform us immediately in writing of the occurrence of one of these events.
b) If the lessee is responsible for the loss or deterioration of the rented property, the lessee is obliged, at our discretion, to return the rental object to a contractual condition or to replace the rental object with another of the same worth and to surrender it to us or to provide us with the new value of the lost or deteriorated rental object. If we choose value replacement, we will, as far as possible, leave the lessee an equivalent rental object to continue the lease.
c) The liability of the lessee begins with the arrival of the rented object at the venue or its handover at our warehouse and ends with the renter picking it up or upon the lessee or his vicarious agents returning the rental object to our warehouse.
d) The lessee already assigns to us future claims for insurance services, which are due to him from concluded insurances in the event that the rental object is lost or deteriorated for reasons for which the lessee is responsible.
9. Rights of third parties
a) The lessee is obliged to release the rental object from all rights which may have been claimed by third parties with respect to the rental object. If such rights are asserted, the lessee must notify us immediately in writing, enclosing the necessary documents.
b) All costs for the defense of the assertion of rights by third parties are borne by the lessee.
10. Return of the rental object
a) After the end of the rental period, the lessee must immediately and duly return the rental object to us at his/her expense and risk.
b) If the lessee is late to return the rental object, the lessee has to pay the agreed rent right up to the return of the rental object without prejudice to the further obligation to pay damages.
c) If the rental object is returned in an improper condition, the lessee has to compensate us for the damage resulting from this, and in particular for the duration of a possible repair, to pay the agreed rent.
11. Rescission of the lessee
a) If the lessee withdraws from the rental contract for whatever reason, the cancellation notice must be received by the renter at least 14 days before the agreed rental date.
b) If the rescission takes place later, the lessee is obligated to pay the renter every full day of rent, and for the remaining open rental days 50% of the agreed rental price without proof of damage, unless the renter is in default of delivery.
12. Place of Performance, Jurisdiction, Invalidity
a) Place of performance and payment for all obligations arising from the rental agreement is Wuppertal.
b) If the lessee is a registered trader, then the court of jurisdiction for all disputes arising from the rental agreement, including the validity arising thereof is Wuppertal, or at our discretion, is the general court of the customer.
c) Should individual provisions of the above terms be or become invalid, the validity of the remaining provisions shall remain unaffected. In this case, the invalid provision shall be replaced by the one which most closely corresponds to the intended economic purpose of the contract.