- SiQuell Technology GmbH
- Keferloher Str. 24
- D-85540 Haar (München)
- +49 (0)89 437597 -30 / -32
- Mo – Thu 09:00 am – 05:30 pm
- Fr– 09:00 am – 04:00 pm
The following general rental conditions apply without exception to the legal relationship between us (Siquell Technology GmbH) and the tenant (customer), unless otherwise agreed in writing in individual cases. The tenant expressly recognizes the submission of a rental order, at the latest with the receipt of the rental items (film equipment, devices and accessories), the rental conditions listed below. If our rental conditions conflict with the conditions of our tenants (customers) or other third parties who enter into a business relationship with us, our rental conditions take precedence even if we have not contradicted those of the tenant (customer) or third parties.
Our offers are subject to change and non-binding, unless a specific binding period is guaranteed. Contracts are concluded through written correspondence or fax or mutually confirmed e-mail correspondence. All agreements after the conclusion of the contract, including changes, cancellations and / or additions, require our written confirmation in order to be concluded, whereby the fax confirmation / e-mail correspondence is sufficient. This formal requirement can only be canceled in writing or by fax / email correspondence. Orders are also accepted without our written confirmation if the service ordered by the customer has been provided by us, in particular if the customer has received the requested rental items or these have left our warehouse at the customer’s request.
1) The rental fees for the provision of our film sets including accessories are based on our price list valid at the time the contract is concluded, unless a different agreement is made in writing. The minimum amount for renting film equipment is € 30.00. For equipment sets that are rented at lump sums according to the valid price list with accessories or at a separately agreed flat rate, the full rental price according to the price list or agreement is to be paid even if individual accessories are not included at the request of the lessee.
2) All rental fees and rental prices (agreed and in accordance with the current price list) are each plus the statutory value added tax and the amount of the applicable tax rate.
1) The rental period begins at the point in time for which the devices are bindingly ordered, but no later than the day of delivery to the renter (dispatch or delivery to our warehouse) until they are returned to our warehouse. The minimum rental period is in any case the contractually agreed rental period.
2) The rental fees are calculated exclusively according to full daily rates. Saturdays, Sundays, public holidays and any part of the day will be charged in full.
3) Any downtime of the rental property due to damage that is not our fault are part of the contractual rental period and do not release the renter from paying the agreed rental price.
4) The transport time is considered the rental time. No liability can be assumed for delays in delivery dates that are beyond our control.
1) The transport costs are borne by the tenant. He also bears the transport risk insofar as this is not covered by the insurance we have taken out. This also applies in the case of dispatch by us or our agent. The tenant bears packaging costs; they are calculated at cost.
2) When sending the rented items abroad, the renter undertakes to properly process the customs procedure and to this extent also bears the costs and risk. The renter undertakes to determine the fastest possible dispatch route and to inform us to identify or eliminate any import problems in the destination country.
1) The tenant is obliged to inform us in detail about the intended use and to convince himself of their perfect condition, correct function and completeness when taking over or before shipping, but at the latest before putting the devices and accessories into operation. The tenant is obliged to fully test all devices and accessories under professional conditions before the intended use.
2) The tenant is obliged to handle the items given to him with care and to notify any damage or defects (be it through his own fault, coincidence or the actions of third parties) in writing by fax / e-mail immediately (at the latest within 3 calendar days) Report.
3) The rental items may only be set up, operated and dismantled by qualified persons in compliance with the technical regulations. The customer’s attention is drawn to the fact that specifications and operating instructions are usually available on the WorldWideWeb. If these instructions are not available on the internet or if the customer cannot find these instructions, we are happy to provide them to him on request.
4) The customer is obliged to take suitable measures to protect the devices, in particular to protect them from environmental influences such as heat, strong sunlight, sand, dust, moisture, sea water or rain, etc. as well as to protect against air, vehicle, high mountain , Underwater, ocean or stunt shots. The customer has to assess possible dangers for the rental objects before use and therefore has to inform himself in good time about impending weather changes and extreme turning conditions.
5) The customer is obliged to carefully secure the devices against loss and theft. During loading, unloading and transport, the devices must be protected against impact, dropping and vibration damage by means of suitable packaging.
6) In the event of damage, the tenant is obliged to take all measures necessary to defend or enforce claims and to support our interests and those of the insurance company as best as possible (determination of the identity of those involved, their insurance, damage assessment by the local police, etc.)
1) The rental items are delivered against an invoice. Unless otherwise agreed, the invoice amount is due within 14 days of the invoice date without deduction. If we accept checks and bills of exchange, which we are not obliged to do, this is always only on account of performance. All expenses are borne by the tenant and are due immediately. In the event of default in payment by the tenant, we will charge default interest in accordance with the statutory provisions (Section 288 Paragraph 2 BGB, in the case of consumer involvement, Section 288 Paragraph 1 BGB).
2) If circumstances become known that raise doubts about the customer’s solvency or willingness to pay (e.g. suspension of payments, delay despite repeated reminders, non-cashing of checks), we are entitled to call the remaining debt due immediately (even if payment terms and deferrals have been granted beforehand). We are also entitled to request securities (advance payments, guarantees).
3) The tenant is only entitled to offset or to assert rights of retention if counterclaims have been legally established or are undisputed. If the tenant is an entrepreneur, he is only entitled to a reduction in price, even if notices of defects are asserted, if these defect claims have been legally established or are undisputed.
4) After setting a deadline, we are entitled to withdraw from the contract. In the event of withdrawal, the tenant authorizes us, waiving his house rights to regain our property, to enter every room in which the rented items are stored.
5) In the event of the tenant’s insolvency (application for insolvency, opening or rejection of insolvency proceedings), we are entitled to realize any collateral.
6) In the case of judicial or extrajudicial settlement proceedings by the tenant, in the case of insolvency or default in payment by the tenant and in the event of legal enforcement of the due claim by us, approved discounts are no longer applicable. We are then entitled to request the currently applicable list prices.
1) The rented equipment remains our sole property and our indirect possession. Any transfer of the devices to third parties (regardless of whether for a fee or free of charge) is not permitted without our express written consent. We are entitled to terminate the rental agreement immediately and to take back the devices if we become aware of unlawful transfer to third parties.
2) The tenant must inform us immediately of any judicial enforcement measures against our equipment. He bears the costs of all intervention measures to protect our property and property rights as well as any damage caused by loss of rent due to enforcement measures.
1) The tenant assumes unlimited liability for the rented equipment and accessories during the rental period, including for accidental damage. If the tenant does not provide evidence of his own insurance before concluding the contract or handing over the rental items to him, the insurance provisions in accordance with Section 9 apply.
2) All repairs required during the rental period are at the expense of the tenant, unless they are remedied when defects reported in writing are taken over.
3) Our liability for slight negligence is excluded. This also applies to the negligence of our legal representatives as well as our vicarious agents (employees, subcontractors and agents).
4) We are also not liable for gross negligence on the part of our vicarious agents (employed employees, subcontractors or agents) vis-à-vis entrepreneurs, legal entities under public law and special funds under public law within the meaning of Section 310 (1) BGB.
5) We are not liable in cases of force majeure, such as lockouts, strikes or for behavior by suppliers in breach of contract.
6) Insofar as our liability is excluded or limited, this exclusion or limitation of liability also applies to the personal liability of our vicarious agents (employed employees, subcontractors or agents).
7) If there is a defect in the rented device (rented item), we are entitled to immediate delivery of a replacement device free of defects or, at our option, to rectify the defect immediately. Unless we are accused of intentional breach of contractual obligations, liability for damages is limited to the foreseeable, typically occurring damage. We are not liable for indirect damage, in particular consequential damage caused by defects that are only financial losses.
8) Insofar as existing defects were not reported immediately upon handover and the tenant did not inform us immediately in the event of damage, malfunctions or failures, the tenant is neither released from the rental fee nor is he entitled to a reduction in it.
9) In all cases of damage during the rental period, we are not obliged to provide replacement devices for devices that have become unusable at the tenant through no fault of ours. If comparable replacement devices are available from our inventory, we can make them available as a goodwill gesture. If additional costs are incurred as a result of the provision of a replacement (e.g. by transporting or renting the equipment from other equipment rental companies), we are entitled to pass these costs on to the renter.
1) The rented equipment is to be insured by the customer with a film or transport insurance at the current replacement value. Before delivery of the rented items, the customer must submit a certificate of the insurance taken out (policy), which identifies us as the beneficiary.
2) Siquell Technology leases film equipment only for the purpose of commercial sub-letting. The tenant is obliged to submit the devices to his own insurance cover and to handle any damage claims through his own insurance company. The use of insurance cover through SiQuell Technology is excluded.
3) The tenant is obliged to notify the responsible police station in the event of damage caused by theft, robbery, etc., as well as obligations to notify and minimize damage as far as possible.
4) If the tenant cannot provide insurance coverage, the tenant is liable for all damage.
The “General Conditions of Sale” of SiQuell Technology GmbH apply to all sales of film equipment and accessories and all other sales.
1) The contractual relationship established between us and the tenant is based on the law of the Federal Republic of Germany, excluding the conflict of law rules.
2) The place of performance for the handover of the rented item, return delivery and payment is Munich.
3) The place of jurisdiction for all disputes arising from the rental agreement with merchants or contractual partners based outside the borders of the Federal Republic of Germany is Munich. We can always sue at the tenant’s place of business, even if we choose.
4) Oral side agreements have not been made and are not valid. Agreements that deviate from the general rental conditions, as well as changes and additions to the rental contract, require the written form or mutually confirmed fax / e-mail correspondence to be effective.
5) Should any provision of these general rental conditions be invalid, this shall not affect the validity of any other provisions or agreements. Instead of the ineffective provision, a regulation should apply that is legally effective and economically comes as close as possible to the ineffective provision.
