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These terms and conditions are binding for all business relationships and legal transactions with the company "Precs" (hereinafter "precs", Managing Director Elias Probiesch, Neumagner Str 27, 13088 Berlin). Deviating conditions of the tenant or buyer are not valid. All rental items remain the property of the Precs. 

2. Offers and conclusion of contract
Precs offers are always non-binding. In the event that a written rental agreement has not been concluded, the rental agreement comes into effect when the rental items are made available for use. We try to keep the website/our offer as up-to-date, detailed and accurate as possible, but deviations from illustrations and descriptions as well as the correction of typographical, printing and calculation errors and errors are reserved. Changes and additions to the order must be made in writing and are only valid if Precs confirms them in writing. If the customer behaves in breach of contract - in particular in the event of default in payment - Precs is entitled to take back the reserved goods at the customer's expense.

3. Rental Period
The rental period begins when the customer picks up the equipment or when it is delivered by "Precs". Unless otherwise agreed, it ends when the customer returns the rental items to the above address or when Precs collects them from the customer. The minimum rental period is one day. At the request of the customer, purchased or rented goods can also be sent by third parties (logistics companies). In this case, the rental period begins when Precs hands over the rental items to the logistics company. The costs for transport and, if necessary, transport insurance are at the expense of the customer. Delivery is always at the risk of the customer, even if delivery free domicile has been agreed. The respective service by Precs is rendered as soon as the goods are handed over to the carrier. If the commissioned logistics company does not meet the renter at the agreed pick-up time, the rental period is extended until the actual pick-up time and the rental price increases accordingly.

4. Prices and Deposits
Unless otherwise stated, the prices are gross prices in euros including packaging and with the statutory 19% sales tax. Errors reserved. We expressly reserve the right to change prices. Precs updates its price database as often as possible. If a price has increased, it informs the buyer and waits for his approval before executing the order. 
Deposits will be returned to the tenant after the equipment has been returned, including all accessories, in an undamaged condition. If the customer waives an inspection of the rental equipment when it is returned, the inspection carried out by Precs will be recognized, even if this can only be carried out at a later point in time due to the circumstances. If the equipment is returned late, an additional rental fee will be charged in accordance with the valid Precs price list, which will be deducted from the deposit. Residual amounts will then be refunded to the tenant, any minus amounts will be invoiced with immediate maturity. If the customer is in arrears with invoices for previous orders, Precs may initially withhold these outstanding amounts from the deposit and only pay out any remaining difference.
If the renter returns the rented goods defective, Precs will initially withhold the deposit and have the defective rented items repaired or, if repairs are impossible or uneconomical, buy replacement devices. If the deposit exceeds the repair costs or the replacement value of the rental items, the customer will be reimbursed the difference. However, when returning defective rental items, the customer is liable at most for the entire deposit. In addition, Precs will only charge a fee if the customer does not return the rental items at all (e.g. due to theft during the rental period) or equipment defects are caused by negligence, misuse, external violence or damage in transit. The customer is then obliged to pay the lessor the replacement value of the rental object minus the deposit paid. If the replacement value cannot be determined, in case of doubt the new price applies as the replacement value. This liability also extends to damage caused by the behavior of third parties. In the event of theft, loss or total loss, the customer must nevertheless pay the full rental price. In addition, the customer must reimburse "Precs" for the costs of procuring a replacement device.

5. Cancellation or early return of the device by the customer
The customer has the option of withdrawing from the contract without giving reasons. If you pick it up yourself, this can be done free of charge up to 24 hours before you pick up the rental items. If rental items are sent or delivered by Precs, a cancellation can be made up to 24 hours before the day of dispatch or the day of delivery. The customer is obliged to pay 50% of the total amount if the 24-hour cancellation period is not observed.  If the rental items are returned before the agreed return date, there will be no pro rata reimbursement of the rental price.

6. Renter's Obligations
Immediately upon receipt of the devices, the lessee must check them for integrity and functionality. He undertakes to handle the rental object with care. The lessee is obliged to secure the rental property against loss or damage at his own expense. He is liable for any damage arising as a result of negligence or theft (see also point 3. Prices and deposits). Rental objects including accessories are to be returned in perfect and clean condition by the agreed date. In the case of heavy soiling, we reserve the right to charge the customer for the cleaning. The customer is liable for compliance with safety regulations. Subsequent rental of the rented item is only permitted with the express written consent of Precs.

7. Complaints
Complaints about bad, incorrect or short deliveries or services are to be reported to Precs   immediately after receipt of the delivery by telephone or fax. The lessee therefore checks the devices for integrity and completeness immediately upon receipt. In the event of defects, the Lessor must be given the opportunity to remedy the defect in the rental equipment or to provide other rental equipment of the same type. If the lessee fails to notify Precs immediately (by telephone or email) of any defects, the lessee's claims for reduction, withdrawal or rescission are excluded.

8. Disclaimers
For damage and consequential damage, Precs assumes no liability or obligation to pay compensation, regardless of the legal basis. Liability on the part of Precs from positive breach of contract (pVV) or culpa in contrahendo or breach of pre-contractual obligations (cic) is limited to intent or gross negligence on the part of Precs. The disclaimer applies in particular to: 
1. Failure of the rental agreement, e.g
due to damage or total failure of the rental item during transport or at the customer, 
due to non-availability due to late return of the devices by previous tenants or
due to unforeseeable delays in delivery
2. Malfunctions or total failure of the rental object. 
3. Any resulting consequential damage, whether direct or indirect, including loss of earnings or lost profits. Any claims by third parties at public events (e.g. GEMA) shall be borne by the organizer.

9. Terms of Payment
Our invoices are generally due immediately, unless otherwise agreed in writing. Payments must be made in cash or by bank transfer in advance, unless otherwise expressly agreed in writing with the customer. Discount deduction or a deduction for other reasons is not permitted. Unless otherwise agreed in writing, rental fees are to be paid in advance. If a customer is in default of payment, we automatically charge default interest of 5% for consumers (§288 Para. 1 BGB) and 9% for companies (§288 Para. 2 BGB) from the day on which the payment default arose the base interest rate of the German Bundesbank.

10. Miscellaneous
The customer consents to Precs storing and automatically processing the personal data it receives as part of the business relationship. Should individual provisions of the General Terms and Conditions be or become invalid, this will not affect the legal validity of the remaining provisions. Verbal agreements are not valid. Changes must be made in writing. The place of performance is the Precs headquarters in Berlin. German law applies to the exclusion of the UN purchase law.

Berlin, December 16, 2019

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