1. General Provisions

The following Terms and Conditions of Rental and Business constitute an integral part of every rental or purchase agreement concluded with the Lessor, whether verbally or in writing, and are expressly accepted by the Lessee upon conclusion of the contract, or at the latest upon receipt of the goods or services. Deliveries, services, and offers are provided exclusively on the basis of these General Terms and Conditions of Rental and Business. They also apply to all future business relationships, even if they are not expressly agreed upon again. Any counter-confirmations by the Renter referring to their own terms and conditions of business or purchase are hereby rejected. Deviations from these terms and conditions are only effective if they are confirmed in writing.

In the event that the Lessee does not use the equipment rented from the Lessor at the C-Quadrat Studio, the Lessee must inform the Lessor, without being asked, of the intended use and location of the equipment. Should the political situation at the location where the equipment is to be used change to such an extent that the return of the equipment at the agreed time and its return in undamaged condition appears unlikely, the lessor is entitled to remove equipment that cannot be immediately replaced from the lease agreement, to replace it with inferior equipment, or to withdraw from the agreement in whole or in part. In this case, the lessee shall indemnify the lessor against any claims for damages from any party. The lessor reserves the right to make technical modifications during the delivery period that do not impair the functionality of the delivered equipment.

2. Prices

The prices listed in the current price list apply, unless otherwise agreed in writing. The insurance premium for the rental period of the rental items is charged separately in addition to the rental fee, as are packaging and shipping costs. All transportation costs are the responsibility of the renter, even if delivery is made by the lessor. Returns must be sent freight prepaid to the address provided. Rental fees do not include packaging;

the lessor will charge for packaging at cost. If a flat-rate agreement has been made for the rental of equipment over a specific period, this agreement remains valid even if only part of the equipment is returned late.

Prices are exclusive of applicable sales tax. Quotes are valid for four weeks from the date of submission.

For equipment sets that are billed at flat rates according to the price list with accessories as agreed, the full rental price is due even if individual accessories are not included at the renter’s request.

In the event of cancellation within 36 hours prior to the start of the rental period, the lessor may charge 50% of the agreed rental fee as a cancellation fee.

3. Rental Period

The rental period is calculated from the time the equipment is bindingly ordered, but no later than the time of shipment or delivery from our warehouse, until the equipment is returned, and at least until the end of the agreed rental period. The transport time counts as part of the rental period; any time the equipment is ready for shipment at our warehouse is considered part of the delivery time.

If equipment is picked up or delivered to the filming location before 2:00 p.m., the full daily rate is payable. If returned after 10:00 a.m., the full daily rate will be charged. Saturdays, Sundays, and public holidays within the rental period will not be included in the calculation only if the renter can prove that the equipment was neither used nor on standby on those days. In all other cases, the rental fee is payable regardless of whether the equipment was actually used. No liability can be accepted for delays in delivery dates that are beyond the lessor’s control. An early return of the equipment releases the lessee from payment of the rental fee for the entire contractually agreed rental period only if the lessor is able to rent the equipment to another party.

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4. Transportation

The lessee is responsible for transportation costs. The lessee also bears the risk of loss or damage during transportation. This applies even if the equipment is delivered by the lessor or the lessor’s agent. If the leased equipment is shipped, the lessee agrees to properly handle customs procedures and bears the associated costs and risks. The lessee is responsible for packaging costs, which are charged at cost.

5. Control and Protection of Ownership

The rented equipment remains the general property or in the possessory control of the Lessor.

Any transfer of the rented equipment to third parties—whether for consideration or free of charge—is prohibited without the lessor’s express written consent. In any case of a transfer to third parties in breach of the contract, the lessor is entitled to immediately terminate the rental agreement and to reclaim the equipment.

The Lessee must immediately notify the Lessor of any judicial enforcement measures against the Lessor’s equipment.

The costs of any intervention measures taken to protect the Lessor’s ownership or right of possession shall be borne by the Lessee. The same applies to any damage incurred by the Lessor due to the unavailability of the equipment resulting from enforcement measures at the Lessee’s premises.

6. Tenant’s Liability

The tenant bears the risk of damage to and loss of the rental items for the duration of the rental period, regardless of fault, even if transportation or custody is handled by the landlord or a third party.

The tenant is obligated to immediately check the equipment for completeness and proper functioning at the start of the rental period. Complaints not made immediately and in writing shall, in case of doubt, be borne by the renter. Repairs to the rental items by the renter are not permitted without the prior express consent of the lessor. All repairs required during the rental period shall be borne by the renter, unless they involve the rectification of defects that were reported in writing upon pickup. The lessor must be notified within three days of any defects in the equipment or accessories that occur during the rental period, or of any losses.

Consumables such as light bulbs, tubes of any kind, other lighting elements, cables, etc., must be returned in perfect condition. Damaged or lost lamps will be charged to the lessee at the current market price. Cables may only be used in the lengths supplied. Under no circumstances is it permitted to cut them, remove plugs or cable lugs, or strip the ends further.

The lessor shall not be liable for any direct or indirect damages resulting from malfunctions or breakdowns of the rented equipment and accessories. The lessor shall not be liable for any damages occurring on the filming location. Unless the defects were expressly reported upon receipt, the lessee is neither exempt from paying the rental fee nor entitled to a reduction thereof in the event of malfunctions or breakdowns.

The lessee agrees to pay compensation equal to the rental fees for the duration of any repairs to be borne by the lessee or for replacement in the event of total loss or damage. The lessor is not liable for consequential damages. The lessor is not liable for gross negligence on the part of its agents. The lessee bears the burden of proof for the proper return of the rental item, even if the lessor has not yet asserted any defects at the time of return.

However, the burden of proof lies with the lessor if he has not asserted the defects within two weeks of the return of the last rental item.

7. Insurance

The equipment is insured in accordance with the general insurance terms and conditions of Allianz Elektronikpauschalvers.

The lessee may review the general insurance terms and conditions at the lessor’s office upon request.

Please note that insurance coverage is limited when the equipment is stored in motor vehicles. The lessee is fully liable for any uninsured damage or loss.

For insured damage and loss within the scope of coverage, the renter is liable for a deductible of up to €1,000.00 per claim.

In the event that the equipment is used for vehicle, aerial, high-altitude, underwater, or deep-sea filming, as well as for war-related filming, etc., the renter must notify the lessor accordingly and take out any necessary additional insurance on their own. This notification must be in writing and must be received by the lessor 24 hours prior to pickup. The costs for any necessary additional insurance shall be borne by the lessee. In the case of this type of filming, the lessee, their representatives, and all persons using the rented equipment to produce such footage are subject to special duties of care; in particular, the equipment must be adequately secured.

When transporting the equipment in vehicles, it must be stored in a locked trunk or, in the case of station wagons or delivery vans, in a locked area of the vehicle that is not visible from the outside. The renter is obligated to inform all persons handling the rental equipment of the duty of care.

In the event of non-compliance with these provisions, the renter is liable for all damages. Damage caused by weather conditions (rain, snow, hail, sand) and

collisions is not covered; the renter is fully liable for damages of this nature.

In the event of theft, burglary, robbery, or embezzlement by a third party, or any other loss of the rental item, the renter is liable, regardless of fault, for an excess of 100% of the replacement value of the equipment for each claim.

Theft of insured items that are not visible from the outside when the vehicle windows are closed: Between 7:00 p.m. and 8:00 a.m. (nighttime), insurance coverage applies only if the locked vehicle is also parked in a locked parking garage, a guarded communal garage, or a guarded parking lot, or is under constant surveillance. The insurance does not cover the breakage or burnout of tubes of any kind, lamps, cables, etc.

8. Liability of the Lessor

The Lessor shall in no event be liable for any direct or indirect damages arising from any malfunctions of the leased items or caused by the Lessor’s operating personnel. The Lessor’s liability is excluded. The Lessor shall be liable only for willful misconduct and gross negligence. Liability for compensable and consequential damages is limited to the amount of one day’s rent. In all cases, the burden of proof regarding fault, the cause of the damage, and the amount of the damage rests with the lessee.

9. Terms of Payment

Rental invoices (including ancillary costs) are due for payment immediately upon receipt without any deduction. Offsetting against the rental claim is excluded, unless the lessee’s counterclaim is undisputed or has been legally established. For rental periods exceeding two weeks, the lessor may require installment payments. In the event of failure to meet the payment deadlines set for this purpose, the lessor is entitled to terminate the lease with immediate effect and to demand the immediate return of the rented equipment. This also applies if payments from another lease are outstanding. The Lessee authorizes the Lessor, waiving the Lessor’s right of access, to enter any room where the leased equipment is stored in order to recover his property. The Lessee shall have no right of retention for any reason whatsoever. In any case of late payment, the Lessor is entitled to charge interest at a rate of at least 9% as compensation for damages resulting from the delay. Invoices are not eligible for cash discounts. Any discounts granted shall lapse in the event of judicial or extrajudicial settlement proceedings, insolvency, or default on payment (§ 284 BGB) by the tenant, as well as in the event of judicial collection of the invoice claim.

10. Collateral Agreements, Place of Jurisdiction, Place of Performance

No oral collateral agreements have been made and are not valid. Agreements that deviate from the General Rental Terms and Conditions, or additions thereto, must be in writing to be effective. The place of performance for delivery and payment is Berlin. For all disputes arising from the lease agreement, Berlin is agreed upon as the place of jurisdiction, to the extent permitted by law. Should any provision be invalid, this shall not affect the validity of all other provisions or agreements. The invalid provision shall then be replaced by a provision that most closely approximates its economic purpose.