These general terms and conditions shall apply to all current and future contracts, deliveries, repair and other services, including consulting services provided by Rentmaxx GmbH & Co. KG (hereinafter: "Rentmaxx") with their customers. The offers from Rentmaxx are aimed exclusively at customers who have reached the age of 18 and are to be regarded as entrepreneurs, i.e. in particular at industry, trade, crafts, commerce or authorities (B2B area). According to § 14 BGB, an entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in pursuit of their commercial or independent professional activity.
Any deviation shall require written form. Differing customer GTC shall not affect our GTC, unless otherwise specified in writing in individual cases.
3.1 A contract shall only be deemed concluded if we have confirmed the order or started with its execution.
3.2 In addition, Rentmaxx reserves the right, in the case of entrepreneur businesses, to specify the contents of the contract by a written order confirmation. This confirmation shall bindingly lay down the details of the contract, unless its contents are immediately contested in whole or in part.
3.3 We reserve the right to make formal or constructional changes until delivery, unless such changes considerably modify the function of the contract item and such change would be unreasonable or not to the benefit of the customer.
4.1 The customer shall be responsible for due and proper preparation of the installation, including the necessary power supply, at his own expense and shall perform this in good time before delivery of the hardware and software.
4.2 Rentmaxx's services shall commence immediately after installation has been completed, unless otherwise specified in the software maintenance contract. Moreover, the contractual terms and conditions of software maintenance contract shall apply.
4.3 Rentmaxx shall not be liable for making the attachment of equipment by other manufacturers to hardware and software delivered by Rentmaxx technically and/or legally possible.
5.1 All prices quoted in the offer or contract do not include VAT effective at the time of delivery or shipping costs.
5.2 If accessories and equipment are dispatched at the same time, prices shall be from the place of dispatch plus VAT, postage and packaging.
5.3 All invoices shall be payable to Rentmaxx within 14 days from the invoice date without deductions. This shall also apply if Rentmaxx is ready for dispatch, yet the delivery has not been effected due to a reason for which the customer is responsible. In this case the customer may retain no more than ten percent (10%) of the invoice amount including VAT until actual delivery.
5.4 Apart from this, the customer shall have no rights of retention.
6.1 If Rentmaxx installs the delivered item, the risk shall pass to the customer after installation has been completed, even in the case of partial installation.
6.2 If the delivered item is dispatched to the customer, the risk shall be transferred on dispatch, even if carriage-paid delivery has been agreed.
7.1 Compliance with terms and due and proper completion by Rentmaxx shall always be subject to the condition that the customer meets his contractual obligations, including but not limited to that of due preparation of installation and of payment and that he completes the preceding services necessary for the rendering of services by other entrepreneurs or works duly and completely. Otherwise any agreed deadlines shall be extended automatically at least by the period of the delay, unless we are at fault for delayed and improper completion.
7.2 If Rentmaxx defaults on delivery dates or terms, the customer may demand delivery in written form (e.g. per e-mail) with a grace period of at least one (1) month. This demand shall put Rentmaxx in default. After unsuccessful expiry the customer shall be entitled to withdraw from the contract.
7.3 Any additional claims, including but not limited to claims for damages of any kind shall be ruled out.
8.1 The warranty period shall be 1 year.
8.2 Customer shall report visible defects in written form (e.g. per e-mail) immediately on acceptance of delivery within two weeks, and in the case of hidden defects immediately on detection, otherwise we refer to s. 377 of the German Commercial Code (HGB). The customer shall bear the full burden of proof for all claim requirements, in particular for the defect, the date of detection of the defect, and due notification of the defect.
8.3 Rentmaxx shall meet the warranty at its discretion by repair or replacement of the defective parts within a reasonable period. If these measures are unsuccessful, the customer may enforce his legal rights to withdrawal or abatement. If the defect is minor or insignificant, any withdrawal shall be ruled out.
8.4 If the customer seeks to enforce warranty claims, this shall not affect other contracts between Rentmaxx and the customer.
8.5 The warranty shall not apply to defects caused by incorrect use, defective or negligent treatment, excessive use, unsuitable equipment, attachment of additional equipment not authorised by Rentmaxx, performance of repairs or modifications by third parties not authorised by Rentmaxx or transport of the equipment to a place of installation not authorised by Rentmaxx. Additionally, all equipment and accessories that are subject to natural wear and tear and consequences of chemical, electro technical and electrical impacts that are not assumed in the contract and on condition that they are related to the disruption.
8.6 The warranty shall only apply for the benefit of the first customer. The warranty shall expire if the goods are modified by another party and the damage is causally connected with such modification. In the case of modifications, the burden of proof that the modification is not causally connected with the disruption shall be on the customer, otherwise this shall not affect statutory regulations on the burden of proof.
8.7 Warranty claims shall not be assignable. If the customer has transferred the purchased item to another place than the original place of installation, he shall replace the extra costs of remedying the defect incurred to Rentmaxx.
8.8 Rentmaxx shall be liable in the case of violation of major contractual obligations required for achieving the purpose of the contract (so-called cardinal obligations). Apart from in cases of intent or gross negligence this liability shall be limited to foreseeable damages. Any additional claims, including but not limited to claims for damages of any kind shall be ruled out.
8.9 Liability exclusions and restrictions shall also apply to employees, workers, staff members, representatives and vicarious agents.
8.10 The above liability restriction shall not apply to customer claims based on product liability.
8.11 Neither shall the liability restriction apply to damages due to attributable physical and health damages or loss of life of the customer.
8.12 If Rentmaxx is liable for the foreseeable damage, contributory negligence shall be attributed to the customer, e.g. in the case of insufficient data back-up or insufficient protection against computer viruses and sabotage programs. Rentmaxx shall only be liable for the replacement of data if the customer has taken standard and appropriate data back-up measures, ensuring that data and programs available in a machine-readable format can be reconstructed at a reasonable cost and effort.
8.13 The installation of new components in a computer system, the attachment of new components to a computer system, the repair of a computer system and installation of new software should be immediately preceded by a complete data back-up.
8.14 Any further compensation claims for consequential damages and pecuniary damages, non-achieved savings, loss of interest and damages from third-party claims, irrespective of the legal grounds, shall be ruled out. However, this shall only apply if we have no mandatory liability in the case of intent or gross negligence.
8.15 Any liability of Rentmaxx shall be ruled out in cases of force majeure or other unforeseeable events such as riots, breakdowns, strikes, lock-outs or delayed delivery by the manufacturer.
9.1 We point out that the calculation methods for identifying the setting number for ski bindings integrated in our software are merely an aid for the preliminary setting of ski bindings. On no account can they replace standardised setting and testing of a ski binding by means of a binding inspection device. We accept no liability for incorrect settings and their consequences, in particular effects of injuries.
9.2 Unprofessional setting and resetting with a binding inspection device may lead to accidents with the danger of injuries!
10.1 Rentmaxx grants the customer a non-exclusive right to use the programs and associated documentation and later additions for internal purposes, which may not be assigned to third parties by the customer without Rentmaxx's permission, so that the customer shall be entitled to use these programs in combination with a hardware purchased from Rentmaxx or authorised by Rentmaxx. Hardware hereunder shall be all hardware devices listed with their serial number on the delivery note or replacing such devices as part of Rentmaxx's warranty obligations.
10.2 Any other rights to the programs, both in the original and as a copy, shall remain with Rentmaxx. The source code is expressly not part of the delivery. The customer shall ensure that the programs and documentation are not accessible to third parties. He shall only make copies for his own use including but not limited to back-up and archive purposes.
10.3 The customer shall not be entitled to use the programs on a network or multi-user-system, unless he has the necessary licences.
10.4 If the customer passes on programs or copies of programs to third parties without authorisation, he shall be obliged to pay flat damages to Rentmaxx of up to five times (5x) the software price, unless he can prove that a damage worth this amount was not incurred.
10.5 We point out that making illegal copies can be also a violation of criminal law.
10.6 In the event that hardware or software delivered by Rentmaxx is combined with software not originating from Rentmaxx, Rentmaxx shall accept no liability for the functioning of such third-party software with hardware delivered by Rentmaxx or for compatibility with software delivered by Rentmaxx itself.
10.7 The customer understands that errors of the software and associated other material cannot be entirely ruled out according to technological standards.
10.8 Modifications and additions to the software, software maintenance and other forms of support are not part of the scope of services, unless a software maintenance contract has been expressly concluded in writing.
10.9 If software was created or implemented individually, the customer shall be obliged to accept it in writing. Section 640 of the German Civil Code (BGB) shall apply correspondingly. Acceptance shall be deemed granted if the customer reports no errors in writing within two weeks after delivery.
11.1 Until full payment of the agreed fee the contract item shall remain the property of Rentmaxx. Even after full payment of the agreed fee the contract item shall remain Rentmaxx's property until claims against the customer that are related to the contract item due, for example, to repairs or spare part deliveries or other services, have been paid in full.
11.2 In the case of a default of payment Rentmaxx shall be entitled to demand the return of the contract item and the customer shall be obliged to surrender it irrevocably to Rentmaxx.
11.3 We retain title to all materials provided by us to the supplier. Processing or alteration of such materials will be performed by the supplier on our behalf. If the materials subject to our retention of title are processed with other objects not belonging to us, then we shall acquire co-ownership of the new item in proportion of the value of our materials (purchase price plus VAT) to the other processed objects at the time of processing.
11.4 Should our security rights mentioned under section 11.3 exceed the purchase price of all our unpaid materials by more than ten percent (10%), we are required to release the security rights of our choice upon the request of the supplier.
12.1 If any provision hereof should be or become ineffective in whole or in part, the mandatory legal regulations shall apply. Otherwise these conditions shall continue to apply.
12.2 The parties' contractual agreements shall be governed exclusively by German law excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods).
12.3 The sole place of performance for any disputes arising from the current and future business relations of the parties, irrespective of the legal grounds, shall be the registered office of Rentmaxx.
12.4 The legal venue for any disputes in the case of a mercantile sale of both parties shall be the registered office of Rentmaxx.