General Terms and Conditions for Material Rental

 

1.      General

The following terms and conditions form an integral part of the rental agreement of afca. ag.

2.     Rental Duration

Unless agreed otherwise, the rental duration shall be measured in days, weeks or months and shall be based on the agreed duration of the lease. The minimum rental duration is one day.

3.     Property

The provided material with all components and accessories remains the exclusive property of the lessor. The lessor is entitled to notify third parties of this fact.

4.     Duty of Care

The lessor shall hand over the material in faultless condition. Any defects must be reported by the lessee immediately upon handover. The lessee commits to use the material carefully and to provide the materiel only to suitable and competent operating personnel for the intended use and agreed purpose. The material provided must be kept in a locked or guarded environment for the entire rental period. Should the rental object be used for outdoor purposes, the lessee is obliged to provide protection against weather influences, particularly against strong solar radiation as well as moisture and wetness.

5.     Return of the Rented Property

The rental object is to be returned to the agreed time and place in clean and faultless condition. Adjustments to the operating system shall be returned to the condition at the time of handover of the material. The lessee is liable for late return for each commenced day in accordance with the daily rates agreed for the rental. Any material not returned or damaged will be charged to the lessee at the full replacement. Cleaning of dirty equipment and replacement of defective or lost equipment, as well as resetting of operating system settings will be charged to the lessee separately and in addition to the rental price.

6.     Liability, Insurances

By signing this rental agreement, the lessor confirms that he has inspected the hired material and declared it to be faultless. Subsequently declared defects cannot be accepted by the lessor. The lessor explicitly excludes any liability for any personal injury, e.g. for accidents and/or injuries in connection with the use of the rental material. It is the lessee’s responsilbility to insure the equipment including accessories against all risks at his own expense. The lessee is liable for all material damage, particularly liabilities, theft and/or vandalism during the entire rental period (transport, operating and non-operating times).

7.     Prices and Conditions

Unless otherwise agreed, the lessor's offers are subject to confirmation until a final written placing of the order. The rental price and the conditions shall be determined by the order confirmation. Unless otherwise agreed, the net invoice amounts are due within 30 days of the invoice date. Shipping costs shall be borne by the lessee.

8.    Place of Jurisdiction

The place of jurisdiction for all disputes is the registered office of afca. ag in Zollikofen. The lessor reserves the right to also inform the lessee in his legal place of business place of jurisdiction. Swiss law applies.