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GENERAL TERMS AND CONDITIONS FOR EQUIPMENT RENTAL

 

  1. Preliminary provisions
    1. 1. These general contractual terms and conditions for equipment rental (hereinafter: general terms and conditions) of the company Hiša vizij, Šišenska cesta 36, Ljubljana (hereinafter: Hiša vizij), are part of the equipment rental tenders and contracts concluded between Hiša vizij and the hirer of equipment, who is a legal person (companies that perform gainful activities on the market), regardless of its structure, and in accordance with these terms and conditions, legal persons include also sole traders, public and private institutions and all other entities that are not natural persons (hereinafter: the customer).
    2. 2. These general terms and conditions are part of all the contracts or agreements concluded between Hiša vizij and the customer and apply to every customer’s order relative to equipment rental (tender, pro forma invoice, purchase order, contract, etc.). By entering into a legal business relationship with Hiša vizij (entry into a legal business relationship refers to accepting the tender, issuing and/or confirming the purchase order, accepting and/or confirming the pro forma invoice, concluding the contract – hereinafter: the contract), it is considered that the customer expressly consents to and entirely agrees with these general terms and conditions. The customer also expressly recognizes that all legal relationships between the customer and Hiša vizij are based exclusively on the contract and these general terms and conditions or other general terms and conditions of Hiša vizij.
    3. 3. These general terms and conditions are published on the website www.hisa-vizij.com and are kept in printed form at the headquarters of the company Hiša vizij. The customer is notified of the general terms and conditions in the text of the contract. Thereby, it is considered that the customer is informed about the general terms and conditions and by entering into the contract, the customer states that he or she has read the general terms and conditions and is fully aware of them.
  2. General provisions
    1. 1. The subject of the contract is equipment rental (furniture, sound and light equipment, accessories and decoration, including ornaments, for social events, ceremonies, concerts, weddings, etc.), which is specified in the tender, in the pro forma invoice, in the contract or in a different manner, which represents the entry of both parties into a legal business relationship. The parties agree that the equipment, which is subject of the rental, can be used only at the location and in the time frame expressly specified in the contract. The customer can change the location and the time frame of the rental only with express and prior written consent from Hiša vizij.
    2. 2. The customer is informed that Hiša vizij is the exclusive owner of all the equipment that is the subject of the rental, if it is not stated otherwise in the contract. Hiša vizij is also the exclusive owner of all the accessories, parts of the rented equipment and all the equipment documentation (e.g. declaration, instructions for use/user manuals and other equipment documentation). The customer cannot in any case and at any time become the owner of the equipment, which is subject of the rental, unless it is expressly stated otherwise in the contract.
  3. Prices and terms of payment
    1. 1. The customer and Hiša vizij agree on the rental price in accordance with the pricelist of Hiša vizij or with a special agreement, noted in the contract. The rental price does not include the costs of transport, assembly, disassembly and cleaning of the equipment. These services are charged for separately and are specified also in the contract. The rental prices are in Euro.
    2. 2. Hiša vizij upon inquiry or at the customer’s initiative issues a tender/pro forma invoice for providing certain services and/or goods. The tender is valid until the date specified in the tender/pro forma invoice. If the customer does not confirm the tender/pro forma invoice by this date (or no contract based on this tender/pro forma invoice is concluded between the customer and Hiša vizij by this date), this tender/pro forma invoice is not valid anymore and is not binding for Hiša vizij.
    3. 3. Withdrawal from the contract by the customer for reasons not specified as admissible for withdrawal from the contract in these general terms and conditions is possible no later than 14 days before the scheduled supply of goods or services (or before the event for which the equipment is rented). In such a case, on receipt of the customer’s written statement on withdrawal from the contract, the customer is refunded the entire advance payment. The customer is expressly informed that withdrawal from the contract at a later time is not possible or that Hiša vizij is, in such a case, entitled to keep 50% of the advance payment (if the customer withdraws from the contract from 7 to 13 days before the scheduled event) or the entire advance payment (if the customer withdraws from the contract for unjustified reasons 7 days or less before the scheduled event). This payment is withheld to compensate for the damage caused to Hiša vizij due to unjustified withdrawal from the contract, with which the customer expressly agrees.
    4. 4. The customer who enters into a contract for equipment rental with Hiša vizij for the first time is obligated to pay the entire amount or in the case of a special agreement a part of the amount, stated in the contract, no later than 48 hours before the scheduled delivery or agreed handover of the equipment. Booking of the equipment is confirmed by Hiša vizij upon receipt of the customer’s payment.
    5. 5. If the customer does not pay the amount within the specified time limit, considering the payment time limit is an essential element of the contract, the contract is rescinded by the law and both parties are released from their obligations. If the contract is rescinded due to customer’s non-payment, Hiša vizij is not liable for any damage that might be caused to the customer due to rescission of the contract. In this case, the customer is obligated to pay also for the damage that might be caused to Hiša vizij due to the planned but not completed transaction.
    6. 6. If the customer after entering into the contract (for example but not exclusively, on the day of the event) orders the supply of additional goods or services, these additional goods and/or services are noted or listed in the handover report and they are noted as an additional order. The customer is obligated to pay for the additional orders within 7 days from the provided service or from the cooperation between the customer and Hiša vizij.
    7. 7. The customers who are regular (frequent) clients or equipment hirers of Hiša vizij and do not delay payments are obligated to pay the rental from each contract in the following way: 30% of the entire amount by money order in advance no later than 48 hours before the scheduled delivery or arranged receipt of the equipment and the rest of the amount no later than 7 days after the supplied service, the time limit counting from the day after the day of equipment collection by Hiša vizij if not agreed otherwise in the contract. In case of a different agreement between the customer and Hiša vizij, the provisions of this agreement apply. In case of delayed payment of the rest of the amount, the customer is obligated to pay also legal late payment interests.
    8. 8. If the customer delays the payment of the previous rental and concludes a contract for a new rental, the customer is obligated to pay the rental in accordance with the rules for customers who enter into a contract with Hiša vizij for the first time (see article 3.4.). The same applies to customers who have generally poor payment discipline, frozen accounts or accounts open only abroad and customers with bad credit rating. Hiša vizij has the discretion to assess the customer’s financial condition and can at any time demand from the customer payment in accordance with the provision 3.4. The customer is notified of this request in the tender itself.
    9. 9. The previous provision applies also to customers who once or more times delayed the return of the equipment or returned it in bad condition – dirty, damaged, destroyed or even missing.
    10. 10. Hiša vizij can charge customers, who delay payments, legal late payment interests and recovery costs in accordance with the Act on Prevention of Late Payment. These costs are not included in the enforcement costs of possible legal proceedings.
    11. 11. The same payment condition applies to all companies with poor payment discipline, frozen accounts or previously unpaid charges.
  4. Rights and obligations of the parties
    1. 1. The customer is obligated to use the hired equipment carefully, with due diligence, and in accordance with the instructions for use and instructions provided every time by Hiša vizij. If the customer is not familiar with correct handling of the hired equipment, the customer has to ask Hiša vizij for help with handling the equipment, by contacting the person with whom the customer has been communicating while concluding the contract.
    2. 2. The customer is responsible for all the equipment, regardless of the fact that other people use the equipment at the event for which the equipment is rented and regardless of the fact that a third (known or unknown) person might cause possible damage on the equipment or part of the equipment or disappearance of the equipment or part of the equipment. The customer cannot in any case exclude his or her responsibility for the damage. The customer expressly agrees that upon receipt of the equipment he or she becomes responsible for any kind of damage (including force majeure) regardless of the reason. The customer is responsible until the moment of returning the entire equipment that was subject of the rental. The moment of returning the equipment to Hiša vizij is the moment of signing the handover report upon equipment collection.
    3. 3. Regular receipt of the equipment, which is subject of the rental, is done in the following way: Hiša vizij delivers the equipment at the agreed location and at the agreed time with its own vehicles and employees or outsourcers. If the customer would like to collect the equipment by himself or herself in the Hiša vizij warehouse, this can be done by express prior agreement, but the customer in this case does not have the right to claim discounted rental payment. The customer is, in this case, obligated to return the equipment at the time agreed in the contract. If the customer is late in returning the equipment, the customer is obligated to report this to Hiša vizij before the delay. In case of delay, the customer is charged with costs of additional daily rental for the entire equipment for each delayed day at the price agreed for the equipment rental. Additional rental costs can be charged also if the customer does not enable or in any way prevents Hiša vizij to collect the equipment.
    4. 4. If the customer does not return the equipment on time or does not enable Hiša vizij to collect the equipment at the agreed location and time, the customer is obligated to pay the contractual penalty corresponding to the entire daily rental of the entire equipment, which means that the customer has to pay, in this case, the double price of the daily rental.
    5. 5. Before the handover of the equipment, the customer is obligated to check the equipment for possible defects, damages or other irregularities on the equipment and report them immediately to a Hiša vizij employee, who records the irregularity or if necessary replaces the product with another one of the same sort. If Hiša vizij does not have in stock the same product or a product of the same sort that could replace the unsuitable product, the customer is refunded the rental cost of this product. In this case, Hiša vizij is not liable for any damage that might occur to the customer as a consequence of the missing product.
    6. 6. The customer is obligated to return the entire equipment in the same condition and quantity as it was received. If the equipment is dirty, the customer is obligated to clean the equipment by himself or herself or on his or her own costs, otherwise the cleaning costs will be charged by Hiša vizij. Upon return of the equipment, the customer is obligated to notify Hiša vizij of possible damages, defects, dirt or other irregularities on the equipment. If the customer does not do so, it is considered that the customer intentionally concealed the irregularities and is obligated to pay a EUR 1,000 contractual penalty, besides all the costs of repairing, cleaning or substitution of the equipment. The payment of the contractual penalty and the costs does not exclude the payment of the compensation for all the damages to Hiša vizij due to irregularities on the equipment that was subject of the rental. Hiša vizij can charge costs of equipment repair or if a part cannot be repaired, the difference between the original and the inferior value of the product, or the price of a new product if the product is not useful anymore due to defects or damages.
    7. 7. If the customer loses or for any other reason fails to return the equipment or part of the equipment, the customer is obligated to pay for the product at retail or wholesale price and pay for any possible damage caused to Hiša vizij due to the non-return of the equipment.
    8. 8. The customer is obligated to notify Hiša vizij of any kind of problems or defects that occur on the equipment that is subject of the rental. Otherwise the customer is liable for payment of compensation to Hiša vizij or liable in a manner specified in the previous article of these terms and conditions.
    9. 9. The customer does not have the right to sublet the equipment without prior express written consent from Hiša vizij. In case of sublet of the equipment, the rules from these general terms and conditions, the contract and general rules of the law of obligations apply.
    10. 10. Hiša vizij is obligated to assure the rental of the equipment to the customer in accordance with the contract. Hiša vizij is obligated to assure equipment in perfect condition and technically and visually appropriate, in accordance with the purpose of use of the equipment or part of the equipment.
    11. 11. Hiša vizij is obligated to inform the customer on the handling of the hired equipment and explain its correct handling. The customer is obligated to inform Hiša vizij on his or her knowledge/prior knowledge and possible restrictions related to the handling of the hired equipment and demand explanation about correct handling. Hiša vizij is not liable in any case if the customer has not been familiar with the handling of the hired equipment or its part. Hiša vizij is not obligated to test and assess customer’s knowledge, but the customer is responsible for his or her knowledge. Hiša vizij is obligated to help the customer with questions related to the correct use of the equipment.
    12. 12. Hiša vizij can at any time introduce additional terms and conditions related to the use of the hired equipment and the customer can in 3 days from the receipt of the additional terms and conditions withdraw from the contract without any damages for himself or herself. If the customer withdraws from the contract, the customer is obligated to immediately enable Hiša vizij to collect the equipment or return the equipment by himself or herself if so initially agreed. Hiša vizij is in this case obligated to refund the rental for the remaining time if the customer has not used the equipment. Hiša vizij is not obligated to pay for other costs or compensation.
    13. 13. If the customer would like the removal of all the equipment after the provided service, including the equipment that is not property of Hiša vizij, and Hiša vizij agrees to this, it is considered that the customer and Hiša vizij have entered into a contract of deposit for this equipment, with which the customer expressly agrees that he or she is obligated to refund to Hiša vizij all the costs of storage and additional costs that might occur at work and transport of this equipment to the desired location; Hiša vizij is obligated to store the equipment properly in its warehouse for up to 7 days. If the customer does not recover the equipment from the warehouse or does not communicate the location, to which he or she would like Hiša vizij to deliver the equipment, in due date and even after further request, Hiša vizij has the right to sell the equipment to pay for the storage costs and additional costs.
  5. Duration of the contract
    1. 1. The contract is concluded for a fixed-term agreed in the contract. The contract can be extended only in a written form, by concluding an amendment, confirming a new tender, etc. The contract is not extended automatically in any case. If the customer does not return the equipment at the agreed time, the customer is in delay. If the customer would like additional equipment rental or would like to rent the equipment for extra time, a new contract or amendment must be concluded.
    2. 2. Upon termination or rescission of the contract, regardless of the reason for it, the customer’s rights to use the hired equipment end immediately. The customer has to immediately enable Hiša vizij to collect the equipment or return the equipment by himself or herself if so initially agreed and it is considered that all the provisions of these terms and conditions related to the returning of the equipment apply.
  6. Liability for damage
    1. 1. In case of loss, misappropriation, defect, destruction or great damage of the subject of the rental or any kind of tampering with the hired equipment, the customer is obligated to refund to Hiša vizij the entire value of the hired equipment according to its wholesale or retail price. The customer is also obligated to pay for the entire value of the equipment if the hired equipment becomes for any reason useless or it cannot be used as a whole anymore, even if only a part of the equipment is defected. The customer is not liable for damages of the hired equipment if they occurred during its regular use. In accordance with this article, Hiša vizij has the exclusive competence to determine defects and damages in the presence of the customer (when the equipment is received). However, the customer is liable also for the damage – latent defects that might be noticed on the equipment after its return, in accordance with the provisions from the Obligations Code.
    2. 2. Hiša vizij is in no case liable for damages attributable to the customer, due to incorrect use of the hired equipment, accidental damages, etc.
  7. Final provisions
    1. 1. These general terms and conditions are valid from 30th October 2017 until cancellation or modification.
    2. 2. Each modification of the general terms and conditions is valid only if it is published on the website www.hisa-vizij.com and available to the customer in the same manner as these general terms and conditions. In any case, the general terms and conditions that the customer was informed of upon concluding the contract apply for the customer. If the general terms and conditions are modified during the validity of the contractual relationship between Hiša vizij and the customer, the modifications or the new general terms and conditions apply if the customer agrees to them. In case of concluding a new contract with the same customer, Hiša vizij is not obligated to specifically inform the customer on new or modified terms and conditions.
    3. 3. Hiša vizij and the customer agree to resolve any disputes, arising from these general terms and conditions or the business relationship between the customer and Hiša vizij, amicably. If this will not be possible, for all disputes, arising from the relationship between Hiša vizij and the customer, the law of the Republic of Slovenia applies exclusively, Hiša vizij and the customer agree that the court of jurisdiction shall be in Ljubljana.
    4. 4. By accepting the tender/pro forma invoice or concluding the contract, the customer each time states that he or she has read and agreed to the general terms and conditions.

 

Hiša vizij d.o.o.

Ljubljana, 30th October 2017