of the company Simulationstechnik Lingnau GmbH
with registered office, Mitten im Hof 6, 53809 Ruppichteroth, Germany
1. General Provisions
1. The following General Terms and Conditions of Simulationstechnik Lingnau GmbH apply to the contractual relationship between the contracting parties. Terms and conditions of the contractual partner shall only apply if Simulationstechnik Lingnau GmbH has expressly agreed to their validity. Any conflicting or additional terms and conditions of the contractual partner are expressly rejected.
2. The contractually agreed terms shall apply first to the type, scope, and execution of the reciprocal services – followed by the general terms and conditions.
3. By providing a German address, the contracting party declares that the address is their place of residence / company headquarters and establishes the exclusive application of German law. If the contracting party provides a foreign address (EU country / third country), the UN Sales Law in English version is hereby expressly agreed.
If both contractual partners are entrepreneurs / merchants, the commercial customs in the sense of the HGB apply to German business relationships. For foreign legal relationships and the application of the UN Convention on Contracts for the International Sale of Goods, the Incoterms regulations apply.
4. A contractual relationship is only established if the offer is accepted in writing by Simulationstechnik Lingnau GmbH or confirmed by Illustrationstechnik Lingnau GmbH by means of a commercial letter. The sending of an invoice for the specific order also counts as a commercial confirmation letter.
5. If prices and / or services are not explicitly agreed upon as a monetary amount, the following price list applies; travel costs will be charged at €2.00 per kilometer traveled plus VAT. Working hours / driving lessons will be charged at €115.00 plus VAT.
2. Conditions for renting simulators
1. Unless expressly agreed otherwise, a daily rental is defined as a total use of 8 hours/day. These 8 hours are to be used between 8:00 AM and 7:00 PM. Additional hours will be charged at €100.00 plus VAT.
2. Unless otherwise agreed, invoices issued by Simulationstechnik Lingnau GmbH are due in advance. If payments are not made, Simulationstechnik Lingnau GmbH (Lessor) reserves the right of retention until full payment is received, as well as the right to terminate the contract for cause, with the provision that a flat fee of 30% of the net order amount is to be paid by the lessee (client) to cover administrative expenses.
3. The hirer has the right to terminate the contract. The termination must be declared in writing. If the termination is issued, a flat-rate cancellation fee of 25% of the gross order sum according to the invoice issued / to be issued by the hirer is to be paid. The cancellation fees are due immediately and before the event or handover.
4. No later than three days before the event begins, the lessee shall notify Simulationstechnik Lingnau GmbH of the specific location of the driving simulator (event address). The lessee shall ensure proper access via a paved road for a truck with a permissible total weight of up to 7.5 t including trailer and a clearance height of up to 3.80 m; the lessee shall also ensure a proper installation site, in accordance with the data sheet of the rented item, on a load-bearing surface (minimum load-bearing capacity of 200 kg/m²). The lessee shall provide free parking and accommodation for the vehicles including trailers in the immediate vicinity of the event location. The lessee shall provide Simulationstechnik Lingnau GmbH with sufficient suitable auxiliary staff for loading and unloading as well as set-up and dismantling; Simulationstechnik Lingnau GmbH will communicate the duration, number of staff and precise time frame before and after the start of the event at the latest one day before the event. Should the lessee be unable to guarantee the required conditions at the event location, Simulationstechnik Lingnau GmbH shall have a right of retention until the requirements are met.
a. The tenant will provide power connections for the simulator's location, as specified by Simulationstechnik Lingnau GmbH for the ACTORACER®, at his own expense.
b. The tenant is solely responsible for all building code, music copyright and other permits concerning the event.
c. For multi-day events, the hirer shall ensure the protection of the simulators against access, theft, use, and damage by unauthorized third parties outside operating hours, from delivery until the agreed pickup time. Protection may be provided by security personnel and/or suitable staff, as well as structural measures if necessary. The hirer is liable for any damage to the simulator or technical equipment of Simulationstechnik Lingnau GmbH occurring during the aforementioned period.
5. Simulationstechnik Lingnau GmbH is obligated to provide a fully functional, intact, and safe ACTORACER® of the rented type. The simulators are sensitive, high-tech devices that may experience failure due to unforeseen circumstances or external influences. Should any breakdowns occur during the rental period, this shall not affect the renter's obligation to pay the rental fee.
6. Unless agreed otherwise, Simulationstechnik Lingnau GmbH provides professionally trained staff alongside the simulators for 8 hours daily within the core rental period between 8:00 a.m. and 7:00 p.m. Staff are entitled to two 30-minute breaks per day at flexible times. For multi-day events or travel exceeding 150 km from the registered office of Simulationstechnik Lingnau GmbH, the hirer shall provide a hotel room near the event for the employees of Simulationstechnik Lingnau GmbH at their own expense.
7. In the case of outdoor events, Simulationstechnik Lingnau GmbH reserves the right to suspend operations in case of rain and wind for safety and technical reasons without affecting the obligation to pay rent.
8. Simulationstechnik Lingnau GmbH reserves the right to terminate the contract up to three days before the event by a simple written declaration. In the event of such termination, the contractual partner's obligation to pay rent ceases. The contractual partner is not entitled to a claim for damages.
9. If Simulationstechnik Lingnau GmbH fails to appear at the agreed rental time for reasons beyond its responsibility, the hirer's obligation to pay rental fees is waived. The assertion of any further damages is only possible if caused intentionally or through gross negligence by Simulationstechnik Lingnau GmbH. The amount of compensation is limited to the amount of the originally agreed rental claim and must be specifically substantiated by the hirer.
10. By entering into the contract, the hirer expressly agrees that photos & camera recordings made of the simulators during the rental period may be used without restriction by Simulationstechnik Lingnau GmbH.
11. Any claims for damages of any kind are limited to a maximum of 5% of the rental price and must be substantiated by the hirer.
3. Sale of simulators / accessories / add-ons
1. The sale of used items by Simulationstechnik Lingnau GmbH to corporate buyers is subject to the exclusion of warranty, and to consumer buyers it is limited to 6 months from handover. For new purchases, the warranty for corporate buyers is 12 months, and for consumer buyers it is 24 months from handover.
2. The place of handover of the items is the business headquarters of Simulationstechnik Lingnau GmbH; if the buyer requests the shipment of the items, the risk passes to the buyer at the business headquarters of Simulationstechnik Lingnau GmbH.
For shipments within Germany against advance payment, Simulationstechnik Lingnau GmbH selects the appropriate mode of transport (mail / letter / parcel / freight forwarding); if shipment is made to another EU country, the buyer must state which mode of transport is to be selected. The buyer is solely responsible for compliance with all tax and customs regulations; the same applies to third countries (non-EU / non-European countries).
Unless otherwise agreed, for international transactions, the invoice amount plus a security amount equal to the possible VAT will be requested and must be paid in advance by the buyer in full, including calculated transport costs.
If the goods have been properly delivered to the destination and the documents necessary for the tax recognition of the shipment abroad (e.g. proof of arrival) are available to Simulationstechnik Lingnau GmbH, the paid security retention will be reimbursed to the buyer by Simulationstechnik Lingnau GmbH for VAT-exempt services.
3. Payment for the goods is made before delivery; dispatch within Germany and abroad only takes place after full payment of the invoice. If UN sales law is applied, the parties agree that Simulationstechnik Lingnau GmbH shall only be liable in cases of fault.
4. Wear parts such as paddle shifters, pedals or gears are excluded from warranty and guarantee.
5. If there are any defects and a warranty obligation applies, the buyer is required to notify Simulationstechnik Lingnau GmbH of the defect in writing. To verify the defect, the buyer must send the item to the place of delivery or, if the goods are disassembled or split up, to the place of business of Simulationstechnik Lingnau GmbH. Simulationstechnik Lingnau GmbH retains the right to attempt rectification.
Alternatively, the buyer is offered the option to demand an on-site problem analysis and repair at the location of the article subject to warranty, at their own expense; this demand must be made in writing, stating the location of the article.
After receipt of the location and the specific defect notification, Simulationstechnik Lingnau GmbH will inform within one week in which timeframe a technician will arrive on site, with a lead time of generally 5 days' notice.
The costs for the technician for the transfer from the business premises of the company Simulationstechnik Lingnau GmbH to the location of the goods are to be paid by the buyer in advance; for this purpose, Simulationstechnik Lingnau GmbH will determine the expected calculated travel / train / flight costs as travel expenses and send them to the contractual partner as an advance invoice.
Only after payment of the advance invoice does an obligation arise for appearance at the location. The cost of the on-site assessment / repair service must be borne by the buyer, regardless of whether there is a defect subject to warranty, for which Simulationstechnik Lingnau GmbH is liable, or not.
The buyer has the right to cancel the contract before delivery of the goods. Cancellation must be declared in writing. If cancellation is declared, a flat cancellation fee of 25% of the gross order total for standard goods and 30% of the gross order total for custom-built simulators must be paid by the buyer in accordance with the invoice or offer issued or to be issued. The cancellation fees are due immediately upon cancellation and may also be offset against any advance payments made.
6. Any claims for damages of any kind are limited to a maximum of 5% of the purchase price and must be proven by the buyer.
Final Provisions
The contract language is German, and the law of the Federal Republic of Germany applies.
Changes / additions require written form, verbal agreements are only binding if they are confirmed in writing by Simulationstechnik Lingnau GmbH. E-mails are not sufficient for written form.
The data of the contractual partners will be processed personally within the scope of business operations, taking into account the German data protection law.
Should individual provisions of these Terms and Conditions be or become invalid or unenforceable, the contract as a whole and the remaining provisions of these Terms and Conditions shall remain in full force and effect. The contracting parties agree to replace any invalid or unenforceable provision with a regulation that comes closest to the intended economic purpose. The same applies to any omissions in the contract.
Place of performance and jurisdiction is the registered office of Simulationstechnik Lingnau GmbH.
(As of January 2018)