I. General provisions for all operating areas
1. The obligations of MEGAFORCE and the contracting party shall be exclusively based on the confirmation letter from MEGAFORCE - if not objected to by the contracting party in writing - in conjunction with these general terms and conditions. Deviating agreements must be in writing or a new confirmation letter from MEGAFORCE. The parties have made no additional verbal agreements.
2. Place of fulfilment for any claims of MEGAFORCE against the contracting party is in any case Karlsruhe / Germany. Payments are to be made exclusively in EURO. If a foreign currency is indicated in the letter of confirmation, the fee shall be converted at the official mean exchange rate of the European Central Bank on the day of the confirmation letter. In the event of default of the contracting party, a default interest rate of 16% is agreed.
3. Claims for damages of any kind against MEGAFORCE are excluded, unless for gross negligence or wilful misconduct on the part of MEGAFORCE.
4. For the rest, the substantive and procedural law of the Federal Republic of Germany shall apply to the legal relationships between the contracting parties. Karlsruhe is the place of jurisdiction for any disputes arising from contracts with a merchant as contract partner.
Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of all other provisions or agreements. The parties undertake to agree, in place of the ineffective or unenforceable provision, on an effective provision that comes closest the documented will of the parties.
7. The parties have made no additional verbal agreements. Changes to this agreement shall be effective only in writing.
1. MEGAFORCE rents temporary event constructions. To protect rental properties and ensure their functionality, all details of the specific conditions of use are of crucial importance. The contracting party undertakes to notify all factors that may be of any significance for the on-site technical execution no later than eight (8) working days before the start of construction. This also applies in particular to the case that the use of the rental property is provided with foreign equipment. The lessee must ensure a trouble-free power supply for the use of the rental equipment. The lessee is liable for losses and damage to the leased equipment as a result of power failure or power interruptions or fluctuations. If the rental property is unusable, the lessee is obliged to report the defect immediately and in writing to MEGAFORCE, stating the reasons. The lessee assures MEGAFORCE to return the rental objects in a clean, perfect condition and in an orderly manner. The lessee is liable for damages, losses and the like up to the amount of the new value of the rental objects, as well as for damages demonstrably directly therefrom. For used, defective or lost parts including hardware accessories, the lessee shall refund the usual list price.
2. MEGAFORCE undertakes to make the rental properties available to the contracting party in good condition ex warehouse. In the period from warehouse to return to storage, the contracting party bears the full risk of risk for the rental properties. The contracting party undertakes to protect the rental properties against any dangers and to insure them sufficiently. Any malfunctions of the rental properties falling within the respective risk area of the contracting party shall not affect MEGAFORCE's claims for compensation. A sublease or other transfer of the rented equipment to third parties is prohibited to the contracting party, unless it is agreed otherwise in writing on behalf. Defects of the rental properties that fall under the responsibility of MEGAFORCE, entitle only to a proportionate reduction in fees, if MEGAFORCE fails to remedy the same within a reasonable time after written request.
3. Even without separate mention, the rental period always covers the entire period from warehouse to warehouse, i.e. in particular also includes transport times. The agreed rental period must be strictly adhered to; if this is not possible, MEGAFORCE must be notified immediately. The full compensation agreed per day is payable for each day exceeding the return date. Furthermore, the lessee undertakes to demonstrably compensate MEGAFORCE for damage caused by exceeding the return date.
Charges shown do not include transport costs or other service charges unless expressly stated in the confirmation letter from MEGAFORCE.
4. In the case of subsequent contract extensions, in particular with regard to the rental period, MEGAFORCE shall be entitled to a corresponding additional fee, which shall be settled primarily on the basis of the application prices from the confirmation letter from MEGAFORCE. Alternatively, there is a claim to reasonable, customary remuneration. Initiated weeks are charged proportionately, initiated days are considered full days. Proven additional expenses due to unforeseeable events or due to changes in the planning of the contracting party are to be paid separately by the latter.
5. The lessee shall indemnify and hold harmless the rental properties from all encumbrances, claims and pledges of third parties. The lessee undertakes to notify the lessor, providing all necessary documents without delay, if during the rental period, rental properties are still seized or used in any other way by third parties. The lessee shall bear the costs necessary for warding off such third party intervention.
6. If an already placed order is cancelled before the commencement of construction or collection of the rented properties, the following costs will be billed by Megaforce Bühnen- und Veranstaltungstechnik GmbH:
Less than 120 days before building or collection:
10% of order volume
Less than 90 days before building or collection:
25% of order volume
Less than 60 days before building or collection:
50% of order volume
Less than 30 days before building or collection:
75% of order volume
Less than 10 days before building or collection:
100% of order volume
1. MEGAFORCE sells new and used technical equipment and platforms, creates appropriate equipment groups and repairs them. The contracting party shall accept the corresponding services at the headquarters of MEGAFORCE, on a successive basis, for the agreed fee. This also applies if MEGAFORCE carries out a shipment at the request of the contracting party. All prices are excluding transport costs and other services. Until full payment, delivery of the purchase items is subject to retention of title.
2. In the delivery of newly manufactured items, the warranty claims of the contracting party are initially limited to repair or replacement at the discretion of MEGAFORCE. The contracting party reserves the right, however, to commit a change or reduction in the event of failure of rectification or replacement.
For the sale of used items, the warranty is completely excluded, as far as permitted by law.
1. MEGAFORCE provides technical (transport measures, construction and dismantling work, etc.) as well as organisational and planning services by way of paid business dealings. Insofar as additional services are involved in connection with a rental agreement or comparable separate activities in the context of individual events, the conditions under II., In particular the terms of payment under 4. and 6. shall apply mutatis mutandis.
2. MEGAFORCE is liable for damage caused by subcontractors only insofar as intent or gross negligence on the part of the subcontractor exists.
1. Insofar as MEGAFORCE rents properties, the contracting party must deliver them at its expense and risk to the agreed place of handover - when in doubt, Weingarten. Place of performance for both parties is Karlsruhe.
2. The contracting party is aware that MEGAFORCE uses rental properties for third parties. MEGAFORCE is therefore generally subleased. The contracting party is responsible for adequately insuring rental properties as per the arrangement described. The contracting party indemnifies MEGAFORCE and any subtenants from recourse claims of the insurance. MEGAFORCE shall not be liable for any deterioration or destruction of the rental property, except in the case of wilful misconduct or gross negligence on the part of MEGAFORCE.