Sweet-Audio.de is a brand of BELINUS GmbH
Below you can read the BERLINUS GmbH terms and conditions for Sweet-Audio.de
1.1. The following general rental and business terms and conditions are an integral part of all rental agreements and rental offers from Sweet-Audio.de (‘Lessor’) and apply in their currently valid form to all future agreements between the Lessor and its contractual partner (‘Lessee’).
1.2. Any agreements deviating from these general rental terms and conditions require the express written confirmation of the Lessor. Any conflicting terms and conditions of the Lessee are expressly rejected and shall not form part of the contract unless expressly agreed in writing.
1.3. The Lessor's offers are subject to change without notice unless they are expressly designated as binding. A contract is only concluded when a binding offer that has not been changed by the lessee is signed and received by the lessor in good time within the offer period specified by the lessor. A contract is also concluded by means of a written order confirmation or by the lessor handing over the rental object or commencing the services.
1.4. Offers, concepts, material lists, technical sketches, plans and other content developed are subject to copyright. Disclosure to third parties is only permitted with the written consent of the lessor.
1.5. The lessee agrees to the storage of relevant data by the lessor. This data will not be passed on to third parties and will only be used for the purposes of contract processing within the framework of the applicable data protection laws.
2.1. The subject matter of the contract is the individual devices and systems listed in the contract, the order confirmation and/or the delivery note for rental or sale/consumption, and/or commissions for work as a technician and/or other services.
2.2. The lessor reserves the right to replace the devices specified therein with other devices that have the same functionality.
3.1. The rental period is calculated by the day (2 p.m. to 11 a.m. the following day). Partial days count as full days. The minimum rental period is one day. The rental period begins on the agreed date of provision or the time of delivery from the lessor's warehouse and ends at the agreed time, but not before return to the lessor's warehouse.
3.2. The rental fee is based on the currently valid price list and must be paid regardless of whether the equipment was actually used. Early return of the equipment does not result in a reduction of the rental fee.
4.0 Shipping and transfer of risk
4.1. Unless collection from the warehouse has been agreed, the shipment/transport of the equipment shall be at the expense and risk of the lessee via the shipping method chosen by the lessor, unless the lessee expressly specifies a particular shipping method. The costs of any transport insurance taken out at the request of the lessee shall be borne by the lessee.
4.2. The transfer of risk takes place ex warehouse of the lessor.
4.3. Upon taking delivery of the equipment, the lessee confirms that it is in perfect condition, fully functional and complete. Any necessary and/or requested accessories are included. The lessee has the opportunity to check this until the time of transfer of risk.
4.4. If a defect is not apparent at the time of handover or only becomes apparent later, the lessee must notify the lessor immediately after discovery. Otherwise, the condition of the rental items shall be deemed to be free of defects.
5.1 The renter undertakes to treat the rented property with care and in an appropriate manner. All obligations associated with the possession, use and maintenance of the rented property must be observed. The landlord's maintenance, care and usage recommendations must be followed. The lessee has confirmed that he or a representative appointed by him is familiar with the proper use of the rented item. In particular, the relevant regulations for events must be observed.
5.2. If the lessee has not booked any service personnel, he must carry out all necessary care and maintenance measures professionally and at his own expense.
5.3. The lessee must ensure an uninterrupted power supply. The lessee is liable for any damage resulting from power failures, interruptions or fluctuations. Even a power distribution system installed by the lessor does not release the lessee from this liability.
5.4. The rented equipment is and remains the property of the lessor. The lessee is obliged to protect the rented items against loss and damage. Subletting of the equipment is not permitted. The lessee must keep the equipment in their immediate possession and use it only at the agreed locations.
5.5. The serial numbers, manufacturer's labels or other identification marks affixed to the rented items may not be removed, covered or defaced in any way. The lessee shall allow the lessor to inspect the equipment at any time.
5.6. Sale and pledging are prohibited. The lessor must be notified immediately in the event of seizure, claims by third parties or loss. Any intervention costs incurred shall be borne by the lessee.
6.1. The lessee shall be liable for all damage (e.g. loss, theft, defects caused, transport damage, personal injury, fire and water damage, faulty power supply, weather, contamination, etc.) to the leased property caused by him or third parties (e.g. guests) to the leased equipment and accessories during the lease period. The lessee shall also be liable for accidental damage and damage due to force majeure.
6.2. In the event of a total loss, the lessee shall reimburse the replacement value plus procurement costs, regardless of the current market value and regardless of whether he is personally responsible for the damage.
6.3. If the rental item or part thereof is stolen, the renter is obliged to report this to the police immediately and to notify the rental company.
6.4. Speakers, lamps, styluses, audio and video heads will be charged to the renter if they are returned defective.
7.1. The lessee is obliged to insure the general risk associated with the respective rental objects (loss, theft, damage, liability) properly and sufficiently.
7.2. The lessee shall ensure compliance with all legal regulations.
8.1. The lessor shall only be liable for the functional condition of the equipment until the point in time at which the risk is transferred.
8.2. The lessor shall not be liable for financial losses that may arise from the use of the equipment or from the failure to ensure its use or its timely use; liability for property damage shall be limited to intent and gross negligence.
8.3. The lessor shall not be liable for damage caused by exceeding permissible noise levels.
8.4. Liability for consequential damage resulting from a performance disruption is excluded, as is liability for the non-functioning of the rental object when used with technical equipment not approved by the lessor.
8.5. The lessee is obliged to cooperate to the best of their ability in the event of performance disruptions and to minimise any damage. Any defects in the rental equipment must be reported to the lessor immediately. The lessor must then be given the opportunity to remedy the defect in the rental equipment or to provide other rental equipment of the same type. If the lessee fails to report a defect immediately, there shall be no entitlement to a reduction in price.
8.6. If the lessee has processed the rented item or made changes to it, any warranty for defects in the rented item is excluded. If the rented item is inspected at the request of the lessee and no defect is found in the rented item, the lessee shall reimburse the lessor for any expenses incurred as a result.
8.7. The lessee is obliged to indemnify the lessor against all claims by third parties that are asserted against the lessor on the occasion of or in connection with the rental of equipment. The lessor's claim for indemnification against the lessee also includes the costs incurred by the lessor in defending against claims by third parties.
8.8. Any claim by the lessee for damages shall be limited to cases of intent and gross negligence and shall be limited in amount to the rental price. Any further claims by the lessee beyond this are excluded. Liability for personal injury shall remain unaffected by this limitation of liability.
9.1. If the contract includes services such as assembly, technicians and/or other personnel, dismantling, delivery, etc., the following agreements shall also apply:
9.2. The lessee shall ensure that the necessary means of transport can pass through and deliver without any problems. Appropriate parking facilities shall also be provided for the duration of the contract. All costs incurred, even if they are paid for by the lessor without being requested, shall be borne by the lessee.
9.3. The lessee must ensure the supervision and security of the rental equipment and personnel throughout the entire period. This also applies to set-up, rehearsal, event and dismantling times, periods of non-use and at night. The lessor's personnel expressly do not assume this supervision.
9.4. The lessee assumes full responsibility for the attachment points assigned to the lessor for erecting suspended structures, even if these were assigned to the lessee by third parties. The lessee is liable for any damage caused by insufficient load-bearing capacity.
9.5. The lessee shall provide a competent contact person with authority to issue instructions for the entire duration of the project.
9.6. The equipment shall be installed and operated in accordance with local conditions, technical possibilities and the instructions of the venue management.
10.1. The renter has the right to cancel in accordance with the following provisions. The cancellation must be made in writing to be effective.
10.2. In the event of cancellation, the renter shall owe a flat-rate compensation amounting to the following, depending on the time of cancellation:
up to 30 days before the start of the rental period: 30% of the total remuneration;
up to 14 days before the start of the rental period: 40% of the total remuneration;
up to 7 days before the start of the rental period: 50% of the total remuneration;
up to 2 days before the start of the rental period: 80% of the total remuneration;
up to the start of the rental period and thereafter: the total remuneration.
10.3. The date of cancellation shall be determined by the date on which the lessee receives the cancellation notice. Cancellations must be made in writing.
10.4. The rental agreement may be terminated by the lessee without notice
if the renter's financial circumstances have deteriorated significantly;
if the lessee uses the rental objects in breach of the contract;
if the lessee is in arrears with the payment of the rent or if force majeure occurs which makes it impossible for the lessor to provide the service.
10.5. In the event of termination without notice by the lessor, the lessee is obliged to return the rental object to the lessor immediately upon request. The lessee is liable for all further damages in the event of delay in returning the rental object, in particular loss of profit of the
11.1. The agreement of a rental date is subject to timely delivery. If it becomes impossible to meet the rental date due to circumstances beyond the lessor's control, the lessee may withdraw from the contract.
11.2. Partial deliveries and partial performance are permitted.
12.1. The lessee must return the rental equipment to the lessor immediately after the end of the rental period at their own expense and risk without being asked to do so.
12.2. The rental items must be returned complete, tidy and in a clean condition. The obligation to return the items also extends to defective rental accessories.
12.3. If the equipment is returned to the lessor later than the originally agreed rental period, the rental price shall be calculated accordingly. For each day or part thereof, a full daily rental fee shall be charged in accordance with the current price list.
12.4. If the rented item is not returned in proper condition, the renter shall reimburse the lessor for the loss of rent resulting from the unusability of the defective rented item, without prejudice to further claims for damages.
12.5. If the lessee waives his right to participate in the inventory of the rental object upon return, he shall accept the inventory prepared by the lessor.
12.6. By taking back the rental object, the lessor does not confirm that it has been handed over free of defects. The lessor reserves the right to carry out a thorough inspection within two working days.
13.1. In principle, the rental fee is due when the rented item is returned to the lessor. Unless otherwise agreed, invoices are payable within 14 days of receipt and without deduction.
13.2. For rental periods exceeding 14 days, the lessor is entitled to issue interim invoices, even if this has not been expressly agreed.
13.3. Default occurs after the due date without further reminder.
13.4. In the event of default in payment, the lessor is entitled to charge statutory default interest at a rate of 8% above the base rate of the European Central Bank from the due date; in the case of a consumer transaction, this rate is 5%.
13.5. The lessee may only offset the lessor's claims or exercise a right of retention if the counterclaim is undisputed or has been legally established.
14.1. The place of performance is the lessor's business premises at Herderstr. 5, 10625 Berlin.
14.2. The place of jurisdiction is Berlin. The law of the Federal Republic of Germany applies.
14.3. Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.