‍Preamble
‍These Rental Terms and Conditions refer to the Landlord (Lessor) and Tenant (Lessee) and both parties collectively. The Landlord within the meaning of these Rental Terms and Conditions is always Sensape GmbH, headquartered in Leipzig, Germany. The Tenant is understood to be the recipient of the offer to which these Rental Terms and Conditions are attached.

‍§ 1 Rental Period & Termination
‍The rental agreement will automatically and tacitly extend beyond the initial term for successive twelve (12) month periods in accordance with the information specified in the offer, unless the contract is terminated by either party with a written notice period of three (3) months to the end of the minimum term or to the end of the respective extension period. The right to extraordinary termination for cause remains unaffected. Sensape GmbH is entitled to extraordinary termination for cause, in particular, if:(i) Due rental payments are not received by the Landlord within fourteen (14) days after the expiry of a grace period set by Sensape GmbH, and(ii) The Tenant violates usage rights by using the rented property beyond the extent permitted by the rental agreement and does not cease such use despite a written warning with a deadline. Any termination requires written form. Sensape GmbH is entitled to assign its rights and obligations arising from the contractual relationship to a third party to be designated by the company.

‍§ 2 Delivery and Return of the Rental Property
‍Unless otherwise agreed upon in writing, the Landlord is responsible for organizing transportation. The Landlord hereby undertakes to deliver the goods and services specified in the respective offer to which these conditions are attached to the Tenant before the start of the rental period. The Tenant, on the other hand, undertakes to accept the deliveries at the agreed date. Upon collection, the Tenant must prepare the rented item(s) for shipment and hand them over to the designated transport service provider at the agreed time. The place of delivery and collection will be specified either in the respective offer or separately in writing by both parties. Unless otherwise agreed upon in the offer, all information refers to delivery to a standard business address (i.e., not directly to a trade fair booth) in Germany. Delivery will take place - unless otherwise agreed upon in writing - from Monday to Friday between 8:00 AM and 6:00 PM.

‍§ 3 Late Payment
‍If the payment is not received by the Landlord within the period specified in the offer after receipt of the invoice, the Landlord is entitled to charge a late payment fee of 2% of the invoice amount. The Tenant is permitted to prove that the Landlord suffered no or only minor damage.

‍§ 4 Subletting of the Rental Items
‍The Tenant is not entitled to allow third parties to use the rented item for a fee or free of charge or to sublet it without the prior written consent of the Landlord. Excepted are agencies that provide the equipment to their customers, who must be explicitly mentioned in the offer for this purpose, for the agreed rental period.

‍§ 5 Duty of Care & Liability
‍The Tenant must treat the rented goods with care. They must return the equipment in a condition corresponding to normal wear and tear for the rental period. It should be noted that the systems are not designed for outdoor use, as they are not waterproof, among other things. The Tenant is liable for any damage to the equipment during the contract period. The Tenant is also liable for damage caused by the equipment and for its loss (including all accessories and packaging parts).The Tenant's obligation to pay compensation extends to the repair costs plus any depreciation or, in the case of total loss of the equipment, to the replacement value of the hardware less the residual value of the equipment. If the Tenant passes the equipment on to a third party, they are liable for any damage caused by the third party. In the event of passing on to a third party, they are also liable for the loss of the equipment (including all accessories and packaging parts) and for damage caused by the equipment to the third party.

‍§ 6 Rights of Use
All designs, design proposals, concepts, products, software code, and other files created or provided by the Lessor shall remain its exclusive property, inclusive of all usage rights. The Lessee is granted a limited, non-exclusive, non-transferable right to utilize these adaptations for the duration of the lease agreement. This provision does not extend to elements (e.g., logos) supplied by the Lessee or those for which the Lessee already holds copyrights. Should the Lessor intend to integrate such elements into the software, the Lessee hereby grants the necessary rights of use to the Lessor for this purpose.
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‍§ 7 Limitation of Lessor's Liability
The Lessor's liability without fault for initial defects is hereby excluded. The Lessor shall only be liable in cases of gross negligence or intentional misconduct. The Lessor's liability for damages is unlimited solely in cases of intent or gross negligence, instances of injury to life, limb, or health, or breaches of provisions within the Product Liability Act. In cases of simple negligence resulting in breach of a contractual obligation deemed essential for achieving the contract's purpose (cardinal obligation), the Lessor's liability is limited to damages foreseeable and typical in relation to the agreements in the respective offer and these rental conditions. The Lessor does not assume any further liability. The aforementioned limitations of liability also extend to the personal liability of employees, representatives, or other organs of the Lessor.
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§ 8 Equipment Maintenance
The Lessor undertakes to rectify, at no cost and within a reasonable timeframe, technical faults in the equipment not attributable to the Lessee.
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§ 9 Marketing Measures
Both the Lessor and the Lessee reserve the right to utilize the ongoing contractual relationship indefinitely as a favourable reference, encompassing the use of logos, use cases, and related materials, across all platforms including but not limited to websites, promotional collateral, and digital mediums. This authorization may be revoked by either party with a written notice period of 3 months. In the event that the Lessee acts on behalf of a third party, the Lessor assumes that the Lessee possesses equivalent rights to employ the case in marketing initiatives as previously stipulated. The Lessee is responsible for ensuring that it holds the requisite authority to grant these usage rights to the Lessor.

§ 10 Final Provisions, Choice of Law, Jurisdiction
If the Lessee qualifies as a merchant, a legal entity under public law, or a special public fund, or if it lacks a general place of jurisdiction within the Federal Republic of Germany, the exclusive venue for any disputes arising from the business relationship between the Lessor and the Lessee shall be, at the discretion of the Lessor, either Leipzig or the registered office of the Lessee. However, for legal actions brought against the Lessor, Leipzig shall serve as the exclusive venue in such cases. This provision is without prejudice to mandatory statutory provisions governing exclusive venues. The law of the Federal Republic of Germany shall exclusively govern all matters pertaining to this agreement, with the exclusion of uniform international law and the UN Convention on Contracts for the International Sale of Goods. Any modifications or supplements to the offer or these rental conditions must be made in writing to be legally effective. This requirement also extends to the waiver of written form. Compliance with the written form may be achieved through telecommunication transmission, including but not limited to fax or email, provided that a copy of the signed declaration is transmitted. In instances where these rental conditions or the accompanying offer contain regulatory gaps, the parties agree that legally effective regulations shall be incorporated to address these gaps, based on the economic objectives and/or the purpose of the offer or the rental conditions, had the parties been aware of the regulatory shortfall.


Date: 01.04.2024