GENERAL TERMS AND CONDITIONS OF THE DISTRIBUTION
of the Filmwerkstatt Münster
Gartenstr. 123
48147 Münster
Status August 2020
- Rental fee
1.1 The hire charges are calculated in accordance with our price list valid at the time the contract is concluded. Unless otherwise agreed in writing.
1.2 The stated rental fees are the final fees to be paid including statutory VAT.
1.3 Members of the Filmgruppe Münster e.V. receive a 50% discount on the rental prices. Pupils, students and pensioners receive a 25% discount upon presentation of appropriate proof. After consultation and authorisation, project-related provision is also possible.
1.4 A copy of the identity card must be provided when borrowing. Unless a copy of the current identity card of the person to be rented is available. - Terms of payment
2.1 Rental invoices from an invoice amount of 30€ are to be transferred to the account of Filmwerkstatt Münster within 14 days of the invoice date. If a deposit has been paid, it will be retained by Filmwerkstatt Münster until payment has been received. Rental invoices up to an invoice amount of 30.00 euros can be paid in cash when the equipment is returned. Invoices will be issued for amounts over 30.00 euros.
2.2 In the event that payment deadlines are exceeded, reminder fees will be charged
or the usual legal action will be taken. - Rental period
3.1 The hire period is calculated according to the number of days of shooting, or as agreed with Filmwerkstatt Münster. Transport days will not be charged. If rented equipment is returned on the same day, the full rental price for one day will be charged. The transport time is considered as rental time.
3.2 Equipment is generally issued and returned on Mondays between 10 a.m. and 12 noon, on Thursdays between 2 p.m. and 4 p.m. and by arrangement.
3.3 Collection and return shall take place before and after the shooting days within two working days (Mon-Fri) at the latest.
3.4 If an order is cancelled 17 hours before or on the same day as the agreed pick-up time, a cancellation fee of 25% of the daily rental fee will be charged. - Transport
4.1 Rented equipment must be returned to the Filmwerkstatt carriage paid.
4.2 If the rented equipment is taken abroad, the hirer undertakes to ensure that customs procedures and insurance cover are handled properly. He shall bear the costs and risk for this. - Power of disposal and protection of ownership
5.1 The rented equipment and materials remain the unrestricted property of Filmwerkstatt Münster.
5.2 The transfer of rented equipment including accessories is prohibited.
5.3 In the event that the equipment is transferred to third parties in breach of contract, Filmwerkstatt Münster is entitled to immediately terminate the rental contract and take back the equipment. In addition, the insurance cover for the rented equipment shall expire retroactively.
5.4 Transfer by way of security, pledging or other encumbrances or disposals of the equipment are not permitted.
5.5 The hirer must inform Filmwerkstatt Münster immediately of any legal enforcement measures relating to the rented equipment.
5.6 The costs arising from intervention measures to protect the property shall be borne by the hirer. The same applies to the damage incurred by Filmwerkstatt Münster due to the cancellation of the equipment rental due to enforcement measures against the tenant. - Damage and liability
6.1 Damage up to an amount of € 500.00 and less is generally excluded from the insurance cover as a deductible and must be reimbursed by the Hirer.
6.2 Damage caused by wilful intent or gross negligence is generally excluded from insurance cover, regardless of the amount of damage.
6.3 The hirer and/or the person authorised by the hirer are obliged to ensure that the equipment or accessories are in perfect condition, function correctly and are complete when they are handed over.
6.4 Filmwerkstatt Münster reserves the right to carry out a thorough technical inspection of the equipment after it has been returned. Once this has been completed, the equipment is deemed to have been accepted in perfect condition.
6.5 All repairs that become necessary during the rental period shall be at the expense of the hirer, unless it is a matter of rectifying the defects identified on acceptance. The tenant is also liable for any loss of use.
6.6 Filmwerkstatt Münster must be notified immediately of any defects or losses occurring during the rental period.
6.7 Repairs that go beyond minor damage repair may only be carried out with the authorisation of Filmwerkstatt Münster and must be reported to Filmwerkstatt Münster by the hirer without being asked.
6.8 In the event of a total economic loss (repair costs exceed the replacement value), the hirer must reimburse the replacement value.
6.9 Liability on the part of Filmwerkstatt Münster for direct or indirect damage resulting from malfunctions or breakdowns of the rented equipment and accessories is excluded in all cases.
6.10 Unless defects are expressly reported upon receipt, the renter is not automatically exempt from paying the rental fees in the event of malfunctions or breakdowns. In this case, Filmwerkstatt Münster and the hirer may agree on a reduction of the rental fee.
6.11 Damage caused by natural hazards, rust or weather influences, faulty repair work or other processing measures, flying sand and soiling are excluded from the insurance cover and must be borne by the hirer. - Insurance
7.1 The equipment is insured in accordance with the “General Insurance Conditions for the Insurance of Film Equipment” for Germany.
7.2 If the insurance company refuses to cover a claim or only partially covers it, the hirer must compensate the damage incurred in full or in part for the uncovered value.
7.3 If the equipment is used by the hirer outside the area of use specified in 7.1, the hirer must take out additional insurance and provide proof of this before taking over the equipment.
7.4 If the equipment is used for recordings with increased risk, the hirer must take out appropriate additional insurance and provide evidence of this to the film workshop. The costs for this shall be borne by the hirer.
7.5 In the event of equipment theft, all police reporting measures in accordance with the insurance conditions must be carried out immediately and the film workshop must be notified without delay.
7.6 If the provisions of the General Terms and Conditions of Insurance are breached, the hirer shall be held liable for any damage. - Material consumption
8.1 The rental prices for luminaires and lamps do not include the consumption of replacement bulbs. Burnt-out lamps must be reported on return.
8.2 The consumption of replacement burners will be invoiced. - Lending priority, lending obligation
9.1 Members of the Filmwerkstatt have priority over non-members when borrowing equipment.
9.2 The Filmwerkstatt Münster is not obliged to lend out its equipment. - Agreements, place of fulfilment, place of jurisdiction
10.1 Collateral agreements, agreements or additions that deviate from the rental conditions listed must be made in writing in order to be valid.
10.2 The place of jurisdiction for disputes is Münster Westphalia.