I. Validity of the Terms and Conditions
All deliveries, services and offers of JMT Deutschland GmbH are governed solely by these Terms and Conditions. Any terms and conditions of the customer that deviate from or run contrary to these Terms and Conditions will not form part of the contract. Any addenda, amendments or ancillary agreements are only valid if confirmed in writing.
1. Rental item(s)
The rental items are the furniture, equipment, floor coverings and other accessories stated in the order confirmation. These will be leased to the lessee to be used in the customary fashion.
2. Rental term
a) The rental item(s) will be provided for the agreed duration of the event/trade fair.
b) In the event that the rental term is exceeded, the lessor is entitled to charge the agreed rent for each further rental period, or part thereof, as compensation for use of the item(s). This does not prejudice the right of the lessor to assert further claims for compensation.
c) A rental period corresponds
i. To a maximum of three days (Saturday and Sunday = one day) on the basis of the event price list
ii. To a maximum of 10 days on the basis of the trade fair price list
3. Rental prices
a) Offers made by the lessor are non-binding and are only valid following written confirmation by the lessor.
b) All prices are net, payable in full and do not include statutory VAT.
c) Unless otherwise expressly agreed, costs for the delivery and collection of the rental item(s) to and from the event venue, the assembly and disassembly of the rental item(s) and the costs for arranging rental furniture at the event venue are not included in the rental price and will be charged separately.
d) The rent is payable upon collection/delivery.
a) Unless it is agreed that the lessee themselves will transport the item(s), delivery is made by the lessor at the agreed time. If no time has been agreed, delivery will be made prior to the start of the event for which the items are being rented. Binding deadlines require an explicit agreement and the written confirmation of the lessor.
b) The lessor shall not be responsible – even if binding dates or deadlines have been agreed – for delivery and service disruptions arising from force majeure that make it significantly more difficult or impossible for the lessor to deliver the item(s).
c) The lessee undertakes, as soon as the item(s) are collected/delivered, to check that the furniture is in proper condition and that all items have been delivered in full. Any complaints in this regard must be lodged within 24 hours. Subsequent complaints will not be recognised.
d) At the end of the rental term, the rental item(s) must be ready for collection or, if so agreed, returned.
e) If the lessee themselves returns the items, they must do so in clean, sealed vehicles. In this instance, the transport risk shall be borne by the lessee.
5. Use and liability
a) The rental item(s) shall be leased for the event stated in the order confirmation. Any other usage, either during or following the rental term, is prohibited.
b) In respect of loss and damage during the rental term, the lessee shall be liable for the current value of the rental item(s) concerned plus any replacement costs.
c) The lessee undertakes to notify the lessor immediately of any damage to the rental item(s). The same applies if the rental items are lost or if third parties pursue any claims, of whatever kind, in respect of the rental item(s).
d) The lessee undertakes to keep the rental item(s) safe from loss and damage for a period extending 48 hours beyond the agreed time of return, after which time the lessee shall only be liable in the event of intent or gross negligence.
e) The lessor shall only be liable for personal injury if culpable. The lessor shall only be liable for other losses if in breach of contract intentionally or due to gross negligence.
The lessee undertakes to insure the rental item(s) against theft. Evidence of the taking out of an insurance policy must be provided to the lessor immediately on request.
1. Purchase items
Purchase items are the items stated in the delivery agreement. Depending on their classification, they are either new or used items.
2. Retention of title
The seller shall retain the title in respect of the purchase item(s) until all claims arising from the delivery agreement have been paid in full.
3. Duty to notify
Until ownership of the item(s) has been transferred, the buyer undertakes to immediately notify the seller in the event that the item(s) supplied are seized or subject to other third-party interventions.
a) The buyer is obligated to immediately verify that the goods supplied are complete and in proper condition, and undertakes to lodge any complaints immediately.
b) In the event of defects, the seller may initially choose the type of subsequent performance (remedy or replacement delivery) at its own discretion. Otherwise, the seller is liable pursuant to statutory provisions.
c) A warranty period of six months, from the time the item is handed over to the buyer, applies in respect of used items.
5. Shipping liability
If the purchase item is shipped to the buyer at the buyer’s request, the risk of accidental loss or accidental deterioration of the goods is transferred to the buyer upon dispatch. This applies irrespective of whether or not the goods are dispatched from the place of performance and regardless of who bears the shipping costs. It is the responsibility of the buyer to take out transport insurance.
IV. Jurisdiction and partial invalidity
Insofar as legally permissible, the jurisdictions for all disputes arising directly or indirectly from the contractual relationship are as follows:
For JMT Deutschland GmbH: Hamburg
Should a provision of these Terms and Conditions or a provision contained within other agreements be or become invalid, this has no effect on the validity of the remaining provisions.
Last updated: June 2021