Terms & Conditions: FLC Furniture GmbH & Co. KG. (FLC)
1. General Provisions
All present and future deliveries, services and offers by the FLC Furniture GmbH & Co. KG. (FLC) (hereinafter referred to as FLC or lessor), solely take place according to these terms and conditions. Other conditions will not become subject terms of contract, even if they are not contradicted separately. The claim of goods and services count as acceptance of the contract and its provisions, terms and conditions by lessee.
2. Offer and Completion of Contract
2.1 Offers and Information from FLC as well as price quotes in the public price list are non-binding and without any guarantee.
2.2 For individual offers, FLC is bound to the listed prices for two weeks. Apart from that, the offers are non-binding and without any guarantee.
2.3 FLC (the lessor), is entitled to substitute furnishing items ordered by the lessee with other furnishings listed in the contract, if this is necessary for operational reasons and reasonable for the lessee. Necessary replacements or substitutions of the rental items will be of same or higher value in regards to type and quality.
2.4 The contract with FLC will take effect with the confirmation of the order by FLC.
3. Prices and Costs
3.1 The agreed upon prices are subject to the confirmation of order by FLC.
3.2 All prices are net prices and are understood to be plus legitimate VAT.
4. Payment terms
4.1 If not otherwise stipulated, the invoicing takes place according to the confirmation of order by FLC. Invoices are immediately due without any deduction, if there is no exception agreement in place concerning the date of payment before invoice is issued.
4.2 FLC is entitled to refuse job execution until the due payments of the lessee are received by FLC (right of retention). Any costs or losses accrued by FLC due to any delay will be charged to the debit of the lessee.
5. Rental Conditions
5.1 The lessee is obligated to handle the items with care and to immediately inform the lessor (FLC), in case of damage or flaws. In case of doubt, the lessee should contact FLC for information concerning proper handling and operating from FLC.
5.2 During the term of the lease, normal signs of wear and tear or usage, which may have minor effect on the appearance, but not the functionality, will not be considered as damage or flaws. The same applies for the condition of the rental item upon its return.
5.3 The lessee is also responsible for damages caused by anythird parties while lessee is in possession of the rental items, particularly visitors to the apartment.
5.4 The lessee is expected to protect the property of FLC at all times against any destructive access by third parties. The lessee is also obligated to keep them safe at lessee’s own
risk and cost, and to preserve the items in the same condition as when they were received at the time of delivery. Upon theft or damage by third party vandals, the lessee is obligated to inform the police and file appropriate charges.
5.5 The lessee is responsible for ensuring that the technical devices can be plugged in, there are sufficient supply lines and that the necessary facilities and surfaces are provided. The lessee agrees to bear the required costs for this purpose.
5.6 FLC is liable in cases of malice or acts of gross negligence by the lessee, a representative or a vicarious agent according to the legal requirements. Apart from that, FLC is only liable for injury of life, body or health or the culpable violation of fundamental contractual obligations. The claim for damages due to culpable violation of fundamental contractual obligations is limited to the foreseeable damage, typical for the contract. FLC is not liable for personal damage or property damage in the context of misuse of contractual items.
6. Return of Rental Items
6.1 The rental contract ends with the expiry of the rental period. If the lessee continues the usage of the rental items after expiration of the agreed rental period, the tenancy shall not be considered as extended. § 545 BGB (German Civil Law Code) does not apply.
6.2 The lessee is obligated to return the rental items according to the inventory list in a cleaned and proper condition.
6.3 In case of a breach of return obligations, multiple lessees are held responsible as joint debtors.
6.4 Should the lessee not return the rental items to FLC after expiration of the rental period, FLC is entitled to charge a fee amounting to the contractually agreed rent for the period of withholding.
7. Terms of Cancellation
7.1 Both parties (lessor and lessee) are entitled to cancel the rental contract in compliance with the statutory regulations. FLC is entitled to terminate the rental contract for compelling reasons without notice. Compelling reasons most notably include:
- A significant worsening of the lessee’s pecuniary circumstances.
- Declined debits or payment arrears of more than one monthly payment.
- Compulsory enforcement measures against the lessee
- Poor maintenance or incorrect and unlawful usage of the rental items.
7.2 Should FLC terminate the contract of tenancy, the lessee is obligated to immediately return the rented items to the lessor (FLC).
8. Period of Delivery and Acceptance Terms
8.1 Delivery or collection of the rented items at the contractually agreed location, appointments and deadlines are only binding after a specific confirmation by FLC. Upon agreeing on a date and time, it shall be understood to include a four hour window both prior to and following the specified time.
8.2 Inability to provide service or delivery due to acts of nature (e.g. strike, lockout, regulatory actions, traffic jams etc.) do not obligate FLC to deliver, even with agreed mandatory dates and deadlines. These events do not entitle the lessee to reductions in rental fees, claim compensations or enforcement of other rights.
8.3 Compliance of delivery and service obligations by FLC require that the lessee guarantees a definite and timely access to the place of delivery. Otherwise FLC’s liability immediately lapses.
8.4 Should the lessee be in default with agreed upon delivery time and date for receiving the rental items, FLC is entitled to return the goods to its warehouse at the lessee’s expense, and to terminate the contract or demand fulfillment of the contract at FLC’s discretion. The costs of a new delivery as well as any and all damages due to the default in acceptance are at the lessee’s expenses.
9.1 The lessee is obligated to examine the goods after delivery/receipt, for completeness and contractual condition. Flaws are to be immediately notified, eventual later
notifications of flaws will not be accepted by FLC. The same applies for damages to the apartment etc. due to transportation.
9.2 With flaws which affect the essential functionality of items,FLC may repair the rented item or supply a replacement.
9.3 The lessee is obligated to bear the costs for repairing minor damage to rented items, up to repair costs of 80 Euros. The full amount of this accounting for the lessee annually amounts to 6% of the annual rent, but must not exceed 250 Euro.
9.4 The lessee knows that the assembly or arranging of the rented items, as the circumstances require, may be done by a third party engaged by FLC. FLC entitles the lessee in case of damages, to raise claims directly to the engaged third party. As required, FLC will disclose the third parties’ indemnity insurance information to the lessee immediately.
FLC is obligated, within the execution of the contract and in compliance with the statutory regulations, especially the Telecommunications Act and Federal Data Protection Act, to safeguard and mind the secrecy of telecommunications. Personal data of the lessee will only be collected, processed and used, as is necessary for the execution of the contract, or if the customer agrees, or if the Telecommunications Act, Federal Data Protection Act or another legal regulation requires or authorizes it. The collected data will only be used for internal processing and not passed to third parties.
11.1 Should the individual terms of this contract be ineffective or lose their effectiveness, the legal effectiveness of the other provisions of the same contract are not affected.
11.2 Subsidiary agreements, deviations or additions to these contract conditions require written form.
11.3 The statutory right of the German Federal Republic applies. The place of jurisdiction – if permitted by law – is Frankfurt am Main. (Please note that in case of legal dispute only the official German version of this document is legally binding.)
Effective: September 2019