1.1 Rental of equipment from Victory Event, Stage & Tour ApS (hereinafter referred to as “Lessor”) takes place on the basis of the following Trade and Rental Terms that are binding for the Rental Agreement between the parties, and thus override all other agreements and customs in conflict with the terms, including any terms drafted and sent by Lessor unless otherwise stated in the order con-firmation sent by Lessor.
2.1 Lessor is bound by statements made by Lessor – regard-less of how these statements are referred to – no earlier than once Lessor has sent the order confirmation. Lessor reserves the right to revoke the statements sent by Les-sor until the order confirmation has been brought to Les-see’s notice.
2.2 Changes or additions to the original Rental Agreement are not binding for Lessor without written acceptance from Lessor.
The rental period is an expression of the number of days the rental equipment has been available to Lessee.
3.1 The day the rented equipment leaves Lessor’s warehouse is considered the first rental day.
3.2 The day the rented Equipment is returned to Lessor is only counted as a rental day if the rented item is returned after 11 a.m. ‘Returned’ means the point in time when the rented item is once more in Lessor’s possession after the rental period is over.
3.3 If Lessee returns the rented item later than agreed upon, Lessor is entitled to additional payment corresponding to the number of extra rental days with an addition of 10 per cent of the agreed daily rent. Lessor can also claim compensation for any loss in connection with a late re-turn of the rented item, such as loss of rental income when re-letting.
4.1 The rent is calculated on the basis of the prices fixed by Lessor.
4.2 All prices are quoted exclusive of VAT and other charges.
4.3 The price is the current price determined at the time the offer is submitted. The price is subject to increases in wages and materials, fluctuations in exchange rates as well as changes in customs, freight and other costs.
4.4 Payment must be made before the Rental Agreement be-comes effective unless otherwise agreed. Lessor is enti-tled not to fulfil its part of the Rental Agreement if pay-ment has not been made.
4.5 In case Lessee terminates the Rental Agreement, Lessor reserves the right to charge following payment:
• From the day the Rental Agreement becomes effective to 60 days before the first rental day – 30 per cent of the total contract sum.
• 59 – 15 days before the first rental day – 60 per cent of the total contract sum.
• 14 days before the first rental day – 100 per cent of the total contract sum.
5.1 Upon delivery, Lessee is obliged to inspect the rented equipment (the Event Equipment). If the condition and properties of the Event Equipment do not meet expecta-tions, or if the Event Equipment has visible damage, etc., Lessee must promptly, and no later than within three working days, give notice in writing to Lessor. If Lessee fails to observe this obligation, and if the condition/dam-age could have been discovered during an inspection of the Equipment, all of Lessee’s potential remedies in case of breach as against Lessor will lapse.
5.2 Lessee does not have the right to pledge or in any other way provide the Event Equipment as security to a third party. In addition, Lessee does not, without prior written consent from Lessor, have the right to sublet or lend the Event Equipment to a third party or to control the rented assets in any other way.
5.3 Lessee undertakes to treat the Event Equipment respon-sibly and not to allow third parties to dispose of or handle the equipment unless this is done by written agreement with Lessor. The Event Equipment must always be treated with care and consideration so that it is not ex-posed to damage or unnecessary wear and tear.
5.4 At outdoor events, the Event Equipment must be pro-tected effectively against wind and weather. Extra tar-paulins must be available for use.
5.5 Sizing supply cables and carrying out the installation must be done in accordance with the installation order in force at any time/common European standard HD 60364. A functional, protective earthing system must be estab-lished. There MUST be an electrician on site when in-stalling the Equipment. It is, at all times, Lessee’s respon-sibility that the electrical installation is carried out cor-rectly and that it is ready at the agreed time.
5.6 No changes or repairs may be made to the Event Equip-ment without special permission from Lessor.
6.1 Lessee assumes the risk of damage to the Event Equip-ment from the time of delivery until the Event Equipment is returned to Lessor. Lessee’s responsibility for the Event Equipment also includes accidental damage that occurs while the Event Equipment is in Lessee’s possession, but see section 6.2-6.5 below.
6.2 Lessor makes sure to arrange an All-Risk Insurance for the Event Equipment. Lessee agrees to pay 5 per cent in ad-dition to the invoice amount to cover Lessor’s insurance costs.
6.3 In case damage is reported, Lessee is liable as against Les-sor for the excess applicable to the insurance.
6.4 Lessee is liable to pay damages to Lessor for damages not covered by Lessor’s insurance. For example, the following conditions are not covered (non-exhaustive list):
6.4.1 Mechanical or electrical disturbances
6.4.2 Theft from open or unlocked motor vehicles.
6.4.3 Theft from open rooms while the equipment is not in use.
6.4.4 Forgotten, lost or misplaced equipment and other disap-pearances for which the time and/or cause cannot be es-tablished.
6.4.5 Water damage to equipment located in a basement in the event of a cloudburst or sudden thaw if placed less than 40 cm above floor level.
6.5 The insurance policy and conditions may be provided upon Lessee’s request.
7.1 If, within the rental period, Lessee documents that there are defects in the delivered items, Lessor undertakes, at its own discretion, either to repair the items and make sure they are in compliance with requirements, or to exchange the defective item(s) with (a) non-defective item(s) at no charge to Lessee in accordance with the stated Terms of the Rental Agreement. Lessor thus has a right to remedial action or replacement delivery, as Les-sor sees fit. As far as possible and as soon as possible, Les-sor must resolve all technical problems with materials from its own warehouse or from Lessor’s suppliers.
7.2 If the remedy/replacement delivery of the Equipment re-quires the use of spare parts that Lessor does not have in stock, Lessee is obliged to accept a reasonable delivery time. Thus, Lessor is not liable to pay damages to Lessee, just as Lessee cannot terminate the Rental Agreement in case there is delivery time for the spare part from a sup-plier. Lessor reserves the right to replace defective equip-ment with equipment of a different brand but of the same quality.
7.3 In case there are significant defects in the delivered items which Lessor cannot remedy or Lessor is unable to rede-liver, cf. above, Lessee will have the right to terminate the Rental Agreement, but only as regards the part of the de-livery that is affected by defects. The rest of the Rental Agreement remains unaltered.
8.1 Foreign goods transported by Lessor are not insured in accordance with the so-called ‘carrier’s legal liability’ (in Danish: ‘Fragtføreransvar’) via Lessor’s insurance poli-cies. Lessor excludes any liability that may arise as a result of damage to goods during transport and handling. Ac-cordingly, Lessor strongly recommends that Lessee takes out a transport insurance.
8.2 Lessor is not liable to pay damages in case certain events occur that can be characterised as force majeure. Force majeure means unforeseen events that are beyond Les-sor’s control, and which result in Lessor being unable – in whole or in part –to fulfil its obligations under the Rental Agreement. Force majeure events include, but are not limited to: Natural disasters, war, strikes, export or im-port bans, epidemics/pandemics or orders dictating quarantine or isolation issued by national authorities. The effect of the occurrence of force majeure is that Les-sor is not obliged to deliver its service in accordance with the Rental Agreement as long as the obstacle(s) re-main(s). If an event occurs that may be attributed to the above-mentioned situations, Lessee is not entitled to as-sert any rights arising from breach of contract in relation to Lessor as a result of the delay, nor compensation for indirect losses, such as Lessee’s potential operating losses, loss of time, loss of goodwill or other indirect losses.
8.3 If Lessor should become liable to pay damages to Les-see, Lessor’s liability is in all cases limited to an amount not exceeding 30 per cent of the total rental payment. However, Lessor is not in any circumstances obliged to cover indirect losses, including any operating losses Les-see may have suffered, as well as loss of time, loss of goodwill or other indirect losses.
9.1 Lessor is liable for personal injury and damage to con-sumer goods caused by defective Event Equipment to the extent applicable and in compliance with the mandatory rules in the existing Danish legislation on product liability. Lessor cannot be held liable beyond what follows from the mandatory rules in existing legislation on product lia-bility.
9.2 For any product liability due to damage to immovable and movable property not covered by the mandatory rules on product liability, the following limitations of lia-bility apply:
9.2.1 Lessor is not liable unless it can be proven that the dam-age is due to mistakes made by Lessor or due to Lessor being negligent. Lessor CANNOT be held liable for dam-ages to persons or equipment as a result of any defects in the electrical installation.
9.2.2 Lessor cannot be held liable for loss of production, loss of turnover, loss of operation, loss of time, loss of goodwill or other indirect losses.
9.2.3 Lessor’s product liability (regardless of any negligence on Lessor’s part) is limited to an amount of DKK 2,000,000 per customer in total per loss occurrence.
9.3 To the extent that Lessor is ordered to pay product liabil-ity to a third party, Lessee is obliged to indemnify Lessor to the same extent as Lessor’s liability is limited according to the Terms above.
10.1 The offer sent by Lessor must be accepted no later than five days after it was sent. If Lessor has not received ac-ceptance within the deadline, the offer will be deemed lapsed.
11.1 Any disputes between the parties must be settled accord-ing to Danish law and with Danish as the legal language at the Court in Aarhus, Denmark.