General Terms and Conditions of furniRENT GmbH

1) General information

These General Terms and Conditions apply to all future agreements with our tenants and business partners. Rentals are made exclusively on the basis of our General Terms and Conditions. Deviating terms and conditions of our tenants and business partners that we do not expressly recognise in writing are not binding for us, even if we do not expressly object to them. Should individual clauses of our General Terms and Conditions be or become invalid, the remaining terms and conditions shall continue to apply. The invalid provisions shall be replaced by legally possible provisions which largely achieve the desired economic objective. Amendments and additions to concluded contracts are only valid if they are confirmed by us. The same applies to any warranties of characteristics.

All fees and charges that may arise from the conclusion of this contract shall be borne by the tenant. Should the tenant pay such fees or charges, the tenant must reimburse them immediately.

2) Place of fulfilment/jurisdiction/applicable law

The place of fulfilment is the registered office of our company. The place of jurisdiction for all disputes arising from the business relationship is Klagenfurt. These terms and conditions and all legal relations between the contracting parties shall be governed by Austrian law.

3) Terms of payment/prohibition of compensation

The rent is due for payment in accordance with the rental agreement. Incoming payments, even if otherwise designated, shall first be offset against the oldest debt balance. The lessor is not obliged to accept cheques or bills of exchange. If payment deadlines are not met, the Lessor shall be entitled to charge interest at the rate of 1% per month from the due date, as well as reminder fees for each reminder sent, and the costs of judicial and extrajudicial collection measures.

Changes and new taxes and duties affecting the landlord can be passed on to the tenant without restriction.

The rent shall be indexed on the basis of the Consumer Price Index 2010 published monthly by the Austrian Central Statistical Office in Vienna or an index replacing it. The tenant must make higher payments on the respective payment date in the same proportion as this index has increased compared to the level of the month in which the contract was concluded. Upward or downward fluctuations in value up to and including 5% are not taken into account. This margin shall be recalculated for the first time from the index figure of the month in which the contract was concluded and then each time the applicable margin is exceeded upwards or downwards, whereby the first index figure outside the applicable margin shall always form the basis for the calculation of the new margin. The tenant is not entitled to offset any counterclaims against the rent and to withhold the rent in whole or in part with regard to such counterclaims. This does not apply to counterclaims which the landlord has recognised in writing or which have been legally established.

The hirer must ensure on the recipient side that all electronic deliveries of invoices by e-mail can be properly sent to the e-mail address registered and confirmed by the hirer and that technical equipment such as filter programmes or firewalls are adapted accordingly. Any automated electronic replies to furniRENT GmbH (e.g. notes of absence) cannot be taken into account and do not prevent valid delivery.

Payment of the monthly instalments for the rental and hire-purchase agreements must be made in accordance with the payment form as a SEPA B2B mandate (appendix to rental and hire-purchase agreements). Any charges resulting from a chargeback on the part of the lessee shall be borne by the lessee.

4) Security deposit

The tenant is obliged to provide the landlord with a deposit in the form of an unlimited, abstract bank guarantee from a domestic credit institution upon conclusion of the tenancy agreement to secure all claims arising from the tenancy. The amount depends on the term of the tenancy and the choice of rental option. The bank guarantee can be replaced by an equivalent means of security with the landlord's consent.

The tenant is obliged to hand over the security chosen in the rental agreement within three months. If the security is not provided, the service provided up to that point may be invoiced at up to 15% of the total rental amount.

5) Assumption of risk

Unforeseen events such as force majeure, war, riots, strikes, power cuts or other delays in completion through no fault of our own, difficulties in procuring materials, operational disruptions, transport difficulties, etc. shall release us from compliance with the agreed delivery period. If the extension of the delivery period which becomes necessary as a result is to be regarded as reasonable in relation to the impeding event, the customer shall be obliged to accept the goods without being able to exercise a right of cancellation. The customer shall not be entitled to claim damages if the delivery period is exceeded in the above-mentioned cases. Partial and advance deliveries are permitted, must be accepted and can also be invoiced.

6) Liability of the tenant

Claims for damages by the Hirer against the Rental Firm, in particular for default, impossibility of performance, culpa in contrahendo and tort, are excluded unless the damage was caused by wilful intent or gross negligence. The lessor is liable for property damage suffered by a consumer in accordance with the provisions of the Product Liability Act.

The hire company and its suppliers and subcontractors are not liable for material damage suffered by an entrepreneur. In the event of non-compliance with any conditions for assembly, commissioning and use or the official authorisation conditions, any compensation for damages is excluded.
In the event of damage to a rental property, the tenant is liable to the landlord for the proper repair. Insofar as claims for damages or claims for compensation (including insurance benefits) exist against a third party in this respect, only the landlord as the owner of the rental property is directly injured and entitled to claim damages. In such cases, the tenant shall be responsible for the assertion and proper settlement of claims for damages. Upon prior submission of a damage report and cost estimate, the tenant shall commission the repair of the damage on behalf of the landlord (the landlord reserves the right to decide on the awarding of the contract, in particular with regard to the contractor and the type and scope of the repair of the damage). Any litigation and cost risk in connection with the pursuit of claims for damages against third parties shall be borne by the Lessee.

7) Obligations of the tenant

The lessee is obliged to comply with our handling guidelines for the delivered furnishings. He must satisfy himself of the proper condition of the rented furnishings, including accessories, upon handover at the place of delivery. If the delivered furnishings are defective, the lessee must give written notice of defects within five days of receipt of the goods. If the tenant does not exercise this right, he recognises the proper delivery. The lessee is obliged to insure the rented furnishings at his own expense against all risks for which he or third parties are liable to us - from dispatch or acceptance from our warehouse until return delivery to our warehouse.

The tenant is also obliged to immediately report any damage or loss of the furnishings occurring during the rental period. The tenant is not authorised to pledge the rented furnishings or to assign them as security. Seizures by other creditors must be reported to us immediately.

The lessee must leave the rental property at the agreed location. A change of location is only permitted with the written consent of the landlord. A reduction in rent is excluded by mutual agreement.

Plans, sketches, cost estimates and other technical documents from furniRENT, such as samples, catalogues and illustrations, shall always remain the intellectual property of furniRENT. Any utilisation, reproduction and distribution by the lessee is prohibited or requires the consent of furniRENT. Furthermore, the lessee must take all precautions to ensure that the construction project can be completed without interruption.

8) Cancellation

The tenancy can be terminated by the landlord without notice if:

the tenant does not fulfil his payment obligation despite a grace period or is more than one month in arrears,
the tenant uses the rented furnishings in breach of contract or leaves them to third parties,
the tenant jeopardises the furnishings by neglecting the duties incumbent upon him.
In the event of cancellation, the landlord has the right to have the furnishings collected immediately. For this purpose, the tenant shall allow the landlord or his authorised representative access to the furnishings and, in such a case, shall tolerate their removal without being able to derive any rights from this. The associated costs such as freight, ancillary costs, etc. shall be borne by the tenant. The lessee shall be liable to pay compensation to the lessor in the amount of the difference between the outstanding instalments and the total income that may otherwise be generated. Any further claims remain unaffected.

Should bankruptcy proceedings be initiated against the assets of the landlord, the tenant has the right to take ownership of the furnishings in return for the outstanding rental amount less interest.

9) General provisions

Several tenants are jointly and severally liable for all obligations arising from this rental agreement. Even if a tenant leaves, all securities provided by that tenant shall remain in full force and effect.

The landlord is authorised to transfer his legal position arising from this contractual relationship to a third party and to assign all rights arising from this contract to third parties - in part or in full; this applies in particular to all monetary claims arising from this contract.

Amendments and additions to this contract can only be made with legal effect by bodies authorised to represent the lessor, and under no circumstances by third parties who do not belong to the lessor's sphere. In any case, such additions or amendments must be made in writing and signed by the Lessor.

All verbal and written agreements concluded prior to the rental agreement shall cease to be valid on the date on which the last rental agreement is signed.

All materials used in the construction project (fabrics, floors, tiles, etc.) are selected by the hirer together with furniRENT. furniRENT accepts no liability for the hirer's choice of colours and design.

furniRENT accepts no liability for materials provided by the lessee or for trades commissioned and coordinated by the lessee.

After completion of the construction project in accordance with the order, furniRENT is entitled to demand acceptance by the lessee.

The lessee is not authorised to make changes or improper repairs to the objects supplied and installed by furniRENT without the consent of furniRENT.