at gb

PRS Productionrentalservice GmbH
Bernardgasse 36 / Top 14
A-1070 Vienna / Wien
Austria

fon 43/664/22 80 664
fax 43/1/4090 158 45

productionrentalservice.com
info(at)rentPRS.com

UID ATU69194739
Company register number:
FN 427331d

CEO:
Julius A. Eisbein, BA

Bank account details:
UniCredit Bank Austria
IBAN: AT45 1200 0100 1094 8965
BIC: BKAUATWW

rentPRS AGB

General Terms and Conditions of PRS Productionrentalservice GmbH - hereinafter referred to as PRS

I.

I. Scope of application

The deliveries, services and offers of PRS are made exclusively on the basis of these General Terms and Conditions (hereinafter "GTC"), irrespective of the type of legal transaction. Any terms and conditions of the customer that conflict with or deviate from our GTC shall only be binding if PRS has expressly acknowledged them in writing. In this respect, acts of contract fulfillment on our part shall not be deemed consent to contractual terms and conditions deviating from our GTC.

These Terms and Conditions shall also apply as a framework agreement for all further legal transactions between the contracting parties, even if no express reference is made to them in additional contracts.

II.

II. Offers, cost estimates and conclusion of contract

  1. The basis of the contractual relationship is the respective offer of PRS, in which all agreed services and the remuneration are set out.
  2. Any offer made by PRS is subject to change and non-binding, unless expressly stated otherwise. Oral promises, collateral agreements and the like that deviate from these GTC or other written declarations of intent by PRS shall not be binding on PRS.
  3. Unless otherwise agreed, cost estimates by PRS are non-binding and subject to a charge. No separate fee shall be payable for a cost estimate when the order is placed.
  4. The contract shall come into effect upon written confirmation of the order by PRS or if PRS clearly indicates (e.g. by actually acting on the order) that the order has been accepted.
  5. If offers are submitted to PRS, the party submitting the offer shall be bound by it for a reasonable period of at least fourteen days from receipt of the offer.
  6. All offers are subject to confidentiality and may not be presented to third parties without the express consent of PRS.

III.

III. Subject matter of the contract

  1. The subject matter of the contract is the provision of logistics material in the form of rented or purchased items by PRS and, if commissioned, services in the context of assembly and dismantling as well as implementation and transportation by PRS
  2. PRS reserves the right to provide another item with a comparable function instead of the item specified in the offer or contract.

IV.

IV. Supplies and services

  1. Delivery deadlines and dates are only binding for PRS if this has been expressly agreed. For a timely delivery or service, PRS requires a corresponding lead time, which may vary depending on the season, region and availability and is based on precise information from the customer.
  2. Binding and non-binding delivery times are subject to unforeseen events during shipment and other obstacles such as force majeure, transportation delays and operational disruptions of PRS or subcontractors.
  3. PRS is entitled to use subcontractors. Subcontractors are not authorized to make legal declarations on behalf of PRS.
  4. Partial deliveries and services by PRS are permitted, unless expressly agreed otherwise.
  5. The customer must ensure that the access roads and the installation site are clear of all objects that could obstruct or impede access and work when PRS is commissioned to deliver or collect the goods. The site must be accessible for vehicles up to 40 tons total weight in terms of ground stability and accessibility. Any damage to the access roads shall be borne by the client.
  6. The client is obliged to provide water, electricity and storage space at the place of use free of charge, insofar as this is necessary for deliveries or collections and assembly and dismantling.
  7. PRS assumes no liability for the correctness of deliveries and services based on plans and technical information provided by the customer. The customer shall indemnify and hold PRS harmless with regard to any infringement of third-party rights.
  8. The customer shall obtain all necessary permits at its own expense.

V.

V. Rental period

  1. The rental period shall commence upon handover to the client and shall be invoiced either on a weekly or daily basis as agreed in the individual contract.
  2. The rental period ends on the date agreed in the individual contract. If, depending on the agreement, the rented items are not returned at the agreed time or are not ready for collection, the customer shall pay PRS an additional fee for the delay. The customer shall also be obliged to ensure that the rented items are sorted and secured in the appropriate number of items in the transport containers provided for this purpose in good time.

VI.

VI. Prices and payment

  1. All prices are quoted in euros excluding VAT.
  2. Ancillary costs for delivery and collection as well as additional costs for assembly and dismantling shall be invoiced unless expressly agreed otherwise.
  3. The invoice issued by PRS, including VAT, shall be payable within 14 days of receipt of the invoice without any deductions and free of charges. In the event of default of payment, including partial payments, any discount agreements shall cease to apply.
  4. PRS is also entitled to send invoices to the customer in electronic form. The customer expressly agrees to the sending of invoices in electronic form by PRS.
  5. The retention of payments due to warranty claims and the offsetting of claims against PRS are excluded.
  6. If the customer is in default of payment, PRS shall be released from all further performance and delivery obligations and shall be entitled to withhold outstanding deliveries or services and to demand advance payments or securities or - if necessary after setting a reasonable grace period - to withdraw from the contract.
  7. Employees and vicarious agents of PRS are not authorized to accept payments unless they have written powers of attorney. We are not obliged to accept checks or bills of exchange.

VII.

VII. Retention of title

  1. All rental items and equipment shall remain the property of PRS. In the case of purchased or hire-purchased items or equipment, these shall remain the property of PRS until the purchase price has been paid in full.
  2. The customer shall not be entitled to process, transform, combine or mix them with other items.
  3. PRS shall be entitled to indicate its ownership rights on the items by means of labeling. Subletting and any kind of modification of the equipment by the customer is not permitted without the express permission of PRS.

VIII.

VIII. Usage, location and access authorization

  1. The customer undertakes to use the rented items exclusively in accordance with the contract. Changes require the written approval of PRS.
  2. The customer is obliged to treat the rental items properly and to return them free of adhesive tape, posters, dirt or other contamination. PRS reserves the right to charge any cleaning costs incurred to the customer.
  3. The relocation of the rental object from the contractually agreed location requires the consent of PRS. The customer must guarantee PRS unrestricted access to the rented items at the place of use during normal working hours.
  4. During the period of use of the rental items, the customer shall immediately report to PRS any damage exceeding normal wear and tear as well as accidents.
  5. The customer is not entitled to modify the rental item or attached serial numbers, to remove or cover manufacturer's plates or other identification or test marks.
  6. The customer shall be liable for damage to the rented items for the entire rental period, in particular for damage caused by unauthorized commissioning by third parties, vandalism, weather, fire and theft, but also by accident. In the event of total loss or if repair would be impossible or uneconomical, the customer shall reimburse PRS for the replacement value.
  7. The rented item must be protected against theft and damage by the customer. The customer shall be liable for the rented item from the time it is made available or unloaded until it is loaded in a manner safe for transportation.
  8. The client shall bear all costs incurred for the replacement of lost or damaged rental items. Losses shall be charged at the current replacement value. Repairs are calculated on the basis of material costs, labor costs and transport costs incurred.

IX.

IX. Warranty and compensation

  1. PRS accepts no liability for illustrations, dimensions, weights and plans submitted with the offer.
  2. The warranty period for PRS is 6 months.
  3. The customer shall carry out a visual, quantity and, as far as possible, a functional check for defects and completeness immediately after the rental or purchase items have been handed over. Any defects or missing parts must be reported to PRS immediately by means of a specified, written notice of defects.
  4. The existence of defects must be proven by the customer. § Section 924 ABGB shall not apply.
  5. In the case of warranty, PRS is entitled to determine the type of warranty (improvement, replacement, price reduction or rescission) itself.
  6. § Section 933b ABGB shall not apply.
  7. PRS shall only be liable for damages in the event of intent and gross negligence, which must be proven by the contractual partner. PRS, its representatives, employees and vicarious agents shall not be liable for slight negligence. PRS shall not be liable for indirect damages, a specific outcome, consequential damages of any kind, loss of profit, loss of interest and for damages arising from third-party claims against the contractual partner.
  8. PRS shall not be liable for damage caused by force majeure (weather, official orders, etc.) or which cannot be ruled out or foreseen due to the particular circumstances of the work or construction activities to be carried out (moving heavy loads, work with heavy equipment, etc.) (e.g. damage to land, damage to passages or driveways, etc.).
  9. PRS's liability shall expire 6 months after the contractual partner becomes aware of the damage and the party causing the damage.
  10. PRS's liability shall in any case be limited to the amount covered by PRS's liability insurance up to a maximum of EUR 5,000,000.00 and PRS shall only be liable to the extent that the liability insurance covers the damage.
  11. If, in any case whatsoever, a penalty has been agreed at the expense of PRS, this shall be subject to the right of judicial mitigation and the assertion of claims against PRS in excess of the penalty shall be excluded.
  12. PRS does not assume any warranty or liability for damage caused by unsuitable or improper use, incorrect installation, commissioning, modification or repair, incorrect or negligent handling by the customer and natural wear and tear.
  13. For stages, grandstands or other structures or scaffolding erected or procured by PRS, the customer must ensure static acceptance and approval by a civil engineer or a representative of the local authority. The same shall apply to the hanging of loads (rigging) at concerts or other events, as well as the inspection of electrical connections and installations. PRS excludes all liability in the event of non-compliance with this point.
  14. Unless otherwise contractually agreed, PRS is not obliged to advise the client or make recommendations within the scope of the contractual relationship with the client. If PRS nevertheless gives advice or makes recommendations, PRS shall not be obliged to compensate for any damage resulting from following the advice or recommendation.
  15. PRS shall not be liable if the customer or third parties suffer damage due to any malfunctions or failure of equipment provided during the term of the contract. This exclusion of liability shall also apply in favor of personnel provided by PRS who operate the equipment. Any malfunctions or failures shall be remedied immediately, insofar as technically possible and economically justifiable. However, any claim by the customer for rescission, reduction or damages is expressly excluded.

X.

X. Testimonials

  1. PRS shall be entitled to publish its rental items and services as a reference for PRS in advertising measures, stating the name of the customer and providing information on the location, type and scope of the items and services as well as publishing photographs of these items and services.
  2. PRS shall be entitled to place an appropriate amount of advertising on the equipment provided to the customer and at the event location without the customer being entitled to any remuneration for this.

XI.

XI. Withdrawal from contract

  1. In addition to the general statutory provisions, PRS is also entitled to withdraw from the contract in the event of default of acceptance or other important reasons, such as in particular the opening of bankruptcy proceedings against the customer's assets or the rejection of a bankruptcy petition for lack of assets to cover the costs. In the event of rescission, PRS shall have the option, if the customer is at fault, to claim liquidated damages of 15% of the gross invoice amount or compensation for the actual damage incurred.
  2. If the customer withdraws from the contract - without being entitled to do so - or requests its rescission without justification, PRS shall have the option of insisting on the performance of the contract or agreeing to the rescission of the contract; in the latter case, the customer shall be obliged to pay, at PRS's discretion, liquidated damages in the amount of 15% of the gross invoice amount or the actual damage incurred.

XII.

XII. Place of performance, choice of law and place of jurisdiction

  1. Austrian law shall apply to the exclusion of the conflict of laws rules. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
  2. All disputes arising directly or indirectly from the contract shall be subject to the jurisdiction of the ordinary court having subject-matter jurisdiction for the first district of Vienna. PRS shall also be entitled to bring an action before the court with local and subject-matter jurisdiction for the customer's registered office.
  3. The place of performance for all deliveries and payments shall be Vienna.

XIII.

XIII. Change of address and copyright

  1. The customer is obliged to notify PRS of changes to its business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If such notification is omitted, declarations shall be deemed to have been received even if they are sent to the last known address.
  2. Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like shall always remain the intellectual property of PRS; the customer shall not receive any rights to use or exploit them in any way whatsoever.

XIV.

XIV. Severability clause

  1. Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof.
  2. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and economic purpose of the invalid provision.

Disclaimer

1. Content of the website

The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded, unless there is evidence of wilful intent or gross negligence on the part of the author.
All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.

In the case of direct or indirect references to external websites ("links") that lie outside the author's area of responsibility, a liability obligation would only come into force in the event that the author is aware of the content and it would be technically possible and reasonable for him to prevent use in the event of illegal content.
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If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias.

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.