Section 1 - Placement of order
Acceptance or confirmation of an order placed with PREISSLER MUSIC shall bring about the creation of a legally binding contract on the basis of the present general terms of business. The acceptance or confirmation of an offer may be in writing, by fax or email. All orders placed, regardless of whether they were transmitted by phone, fax, Internet, email or otherwise, shall only be binding for PREISSLER MUSIC after being confirmed in writing, by fax or email by PREISSLER MUSIC. Should an instrument be unavailable after a confirmation of order was issued, PREISSLER MUSIC shall be entitled to provide equivalent replacement according to its judgement. Claims for damages for this reason against PREISSLER MUSIC shall be excluded.
Section 2 - Cancellation of orders
The following cancellation fees shall be due, if an order is cancelled by the hiree:
For cancellations prior to 72 hours prior to the commencement of the hire period 40% of the total fee shall be due, for cancellations within 72 hours prior to the commencement of the hire period 70% of the total fee, for cancellations within 48 hours prior to the commencement of the hire period 80% of the total fee and for cancellations within 24 hours prior to the commencement of the hire period 90% of the total fee.
Cancellation fees apply regardless of the reason for cancelling the order and any related culpability. They also apply in cases of force majeure, strikes in the transport sector, storm risk, and potential risk of disease, war or terrorism. The cancellation fees plus statutory VAT shall be due for immediate payment.
Section 3 - Purpose
The instruments and all accessories - in the following referred to as 'hired items' - shall serve the hiree exclusively as objects for musical purposes. Any planned use at open-air event, as props for TV, film or theatre productions, for photographic shoots, as exhibition objects or for other purposes shall be notified to the hirer in writing in good time in advance. The hirer may refuse consent for the planned use if it believes that the safety or correct and proper condition of the hired items would not be adequately assured. By placing the order, the hiree warrants that he and/or his representatives are familiar with the handling of the hired items.
Section 4 - Duration and termination
- The hire period shall be restricted to the period specified in the hire agreement, calculated as ofday and time of hire of the hired items from the hirer and shall end upon return of the hired items to the hirer. An extension of the hire period shall require a written agreement. Early return of the instrument shall not result in any reduction of the agreed hire price. The hire period shall be extended by one day if the hired item(s) is/are not returned to the hirer by the agreed day and time.
- The hirer shall be entitled to terminate the agreement immediately for important reasons (e.g. non-compliance with section 3, damage, risk to the hired items due to weather conditions at open-air events, safety concerns of public-legal authorities at the venue, etc.). Notice of termination shall be given in writing, and may be submitted by post, by fax, or electronically.
- If an event is cancelled by a government agency (police, fire service, health department, etc.) due to force majeure, weather hazards, potential risk of disease or risk of terrorist attack, the hirer shall be notified of the fact immediately, and the hired items shall be secured appropriately. Official cancelation of an event, and resultant inability to use the hired items, shall not reduce the agreed hire price. Claims for damages for this reason against PREISSLER MUSIC shall be excluded.
Section 5 - Transport and installation of hired items by the hiree
Unless agreed otherwise, delivery of the hired items to the place of their installation as well as set-up, dismantling and return transport shall be carried out at the hiree's initiative and expense. The hirer shall be notified of the place of installation and the means of transport. The hirer may refuse his consent to the intended place of installation or means of transport, if he is not convinced that the proper use or safety of the hired items will be warranted. Any change of the place of installation or the use of the hired items shall require the hirer's previous consent.
Section 6 - Stage service / Transport service by the hirer
If the hirer is charged with the transport and/or set up and dismantling of the hired items at the place of the event or rehearsal (stage service), the times indicated by the hiree shall be deemed as binding. In the event that the hiree or his contracting partner(s) fail to comply with these times, the hirer shall be entitled to issue a separate invoice to cover the waiting times for his staff and vehicles. PREISSLER MUSIC shall be liable for the work carried out as part of its stage service only in the event of gross negligence, and only up to the coverage limit of its corporate liability insurance. PREISSLER MUSIC shall only render services not laid down in writing in its quotation on a goodwill basis, and without accepting any liability.
Section 7 - Operation and maintenance
- The hiree undertakes to treat the hired items with due and proper care and, if applicable, make a maintenance agreement at the hirer's request. Maintenance work on the hired items may be carried out by agents of the hirer only and these agents will be granted access to the subject matter of the agreement at the usual business hours - by prior arrangement.
- Structural changes to the hired items are categorically prohibited.
- Likewise, inside-playing of our grand pianos, upright pianos and other instruments shall be prohibited, as shall the placing of foreign objects of any kind inside instruments. Playing our percussion instruments with unsuitable sticks or other implements shall likewise be prohibited.
- If weather conditions at open-air events or concerts pose a risk to the hired items, or endanger the persons attending, the hirer, or a person duly authorised by it, shall be entitled at any time to disconnect the hired items on or behind the stage from the power supply, dismantle them, secure them, remove them. The decision as to whether conditions pose a risk may be made by government agencies or, where necessary, by the hirer unilaterally. Claims for damages for this reason against PREISSLER MUSIC shall be excluded.
Section 8 - Insurance
The hired items of PREISSLER MUSIC shall be covered by insurance. The insurance shall be valid in the Federal Republic of Germany and on tours for a maximum of 6 weeks worldwide. For the hire term, the hiree shall bear an excess of € 500.00 in respect of each loss. No insurance cover shall be provided where the hiree organises its own transportation, or its own set-up and strike, nor in the event of failure to handle the equipment with due care, nor in the event of weathering damage resulting from insufficient protection of the hired items, for example at open-air events. The hiree shall be fully liable for lost instruments of hired items, or in case of complete destruction of an instrument hired item. Same shallapply in case of misappropriation or destruction. The provisions of the German Civil Code shall remain unchanged.
Section 9 - Liability
The hiree shall be liable for any damage caused by himself or his vicarious agents through culpable actions or slight negligence. The hiree shall also be liable for damage due to playing, and for any damage resulting from improper use. Damaged or lost hired items shall immediately be paid for and an additional processing charge will be charged at cost. The hirer shall not be liable for indirect damages (e.g. consequential harm caused by defect, such as lost profit) or for the loss of hired items. All claims for damages against the hirer shall be excluded. Proper return of hired items shall only take place directly at to PREISSLER MUSIC, Berlin. Return at other places shall only be possible subject to subsequent verification at the premises of PREISSLER MUSIC. Checks shall normally be carried out within three working days following receipt of the complete hired items by PREISSLER MUSIC.
Section 10 - General information
All rights of the hirer arising from the present agreement shall be non-transferable. Amendments and supplements to the present agreement shall be made in writing. This shall also apply to any waiver of the written form requirement. Should any of these provisions be ineffective, this shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by provisions coming as close as possible to the originally intended purpose. The courts in Berlin shall have exclusive jurisdiction for all litigations arising from the present agreement.
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