1. scope of application

1.1 The General Terms and Conditions shall apply to all objects rented from cinegrell GmbH (hereinafter referred to as "Lessor") (hereinafter referred to as "Rental Goods" or "Rental Material") and objects purchased from cinegrell GmbH (hereinafter referred to as "Seller") (hereinafter referred to as "Purchased Goods").

1.2 If individual provisions are not applied once or several times in the sense of a concession to the tenant/buyer, no customary right can be derived and asserted for further rentals/purchases.

1.3 Any transfer or subletting of the rental object or parts thereof is only permitted with the written consent of the Lessor. Upon presentation of this authorisation, the liability of the first tenant towards the landlord remains unaffected.

2nd offer

2.1 Offers that do not contain a binding period are valid for 30 days.

2.2 The indication of rental dates in the offer does not constitute a reservation of the equipment for this period.

2.3 Purchased goods shall remain the property of Cinegrell GmbH until the invoice amount has been paid in full.

2.4 The offers on our webshop are subject to change and are not to be understood as a binding offer. A purchase contract is concluded as soon as the customer places an order in the online shop, by telephone or e-mail, receives the order confirmation by e-mail or by delivery of the ordered goods.

2.5 All product details, product photos, specifications, accessories etc. in our web shop are provided without guarantee.

3. conclusion of contract

3.1 The rental relationship between the Lessee and cinegrell gmbh (Lessor) shall be deemed to have been bindingly concluded unless the Lessor rejects this verbally or in writing within a reasonable period of time after receipt of the verbal, telephone or written order.

3.2 The scope and timing of the delivery obligation shall be determined by any order confirmation issued by the lessor/seller. Material or services not included therein shall be invoiced separately.

3.3 Provisional rental/purchase reservations (options) are non-binding declarations of intent by a prospective tenant/purchaser and are therefore also non-binding for the landlord/seller.

3.4 If the prospective tenant wishes the option to be entered in the reservation system, he will be notified prior to any other rental (provided he can be reached by telephone) and will at the same time be assured of the right of pre-rental, but must decide in favour of or against definitive rental of the rental items that could otherwise be rented elsewhere.

3.5 Unless otherwise agreed in writing, these terms and conditions shall be deemed to have been accepted when the goods are ordered in the webshop.

3.6 Sales to countries within the European Union can only be made to traders.

4. rental fee, rental period and purchase prices

4.1 The rental fees are based on the price list valid at the time the contract is concluded or the prices listed in the rental offer. All prices are subject to VAT at the applicable rate.

4.2 In the case of large rental volumes or long periods, it is possible to agree flat-rate prices, the validity of which must be in writing.

4.3 The rental period begins with the agreed readiness for collection and dispatch and ends with the complete return of the rental items at the place of issue, but at the latest at the end of the agreed rental period.

4.4 The transport time is deemed to be the rental period.

4.5 Possible readiness for dispatch shall be deemed equivalent to delivery if, at the request of the hirer, the material leaves the warehouse later than agreed.

4.6 The rental item can be collected from 2.00 p.m. on the day before the start of the rental period. The exact time should be agreed in advance, as the warehouse is not always staffed. The rented equipment must be returned at the end of the rental period by 11.00 a.m. on the following day at the latest. An exact time should also be agreed. The equipment is therefore made available to the customer free of charge for half a day so that he can personally check its function and, if necessary, complain about any defects or missing parts. If no complaints are made by 5.30 p.m. on the day of collection, the rental item is deemed to have been accepted in perfect condition.

4.7 If it becomes apparent that the agreed rental period will be exceeded, the Lessee is obliged to obtain the Lessor's consent without delay. Exceeding the return date is only permitted with the written consent of the Lessor.

4.8 If the rented property is returned late without authorisation, the Tenant must reimburse the Landlord for any subsequent rental income that has not been realised and, if applicable, assume any legally unavoidable claims for damages from subsequent tenants.

4.9 Prices for purchased goods can be adjusted at any time.

4.10 Purchase prices published in the webshop do not include advice, support, packaging, freight, insurance, customs duties, etc. The statutory value added tax is not included in the price.

5. transport

5.1 The rental objects must be collected from the lessor. Only smaller objects are dispatched or by special arrangement.

5.2 The costs and risk of transport, packaging and/or dispatch shall in any case be borne by the hirer/buyer, even if delivery or collection of the rental item/purchased goods is carried out by the lessor/seller or a third party. (taxi, courier service, post office, SBB etc.)

5.3 In the case of transport or dispatch abroad, the hirer/buyer shall be responsible for the proper completion of all customs formalities and shall also bear the costs and risk for this.

5.4 Special requests regarding shipment abroad and transport insurance must be made known to us in good time. Complaints in connection with the transport must be addressed by the lessee/buyer to the last carrier immediately upon receipt of the rented item/purchased goods or the freight documents.

5.5 Transport insurance against damage of any kind must be requested in writing by the hirer/buyer and shall be at his expense.

5.6 The risk of delayed delivery and the partial or total unusability of the rental equipment/purchased goods as a result of transport damage shall pass to the lessee/buyer when the rental equipment/purchased goods are handed over to the transport company.

5.7 If the hirer/buyer does not specify a handover date to the transport company and thus leaves the estimation of the transport time to the discretion of the lessor/seller, there is no entitlement to a waiver of the hire/purchase if the transport time is incorrectly estimated (material arrives too early or too late). Any resulting cancellation costs (loss of production) shall be borne in full by the hirer/buyer.

5.8 Rental goods/purchased goods must be inspected by the hirer/buyer for damage and functionality immediately upon receipt. Defects in purchased goods must be reported to the seller within 5 working days of receipt.

6. terms of payment

​6.1 Invoices for rent are issued on the basis of the rental reports and are due 10 days after the invoice date. Discounts and other deductions are not permitted and will be charged in addition to an administration fee of CHF 15. Purchases can either be paid immediately using the payment methods available in the webshop or the payment term stated on the invoice (10 days) also applies.

6.2 The hirer/buyer is not authorised to make partial payments or to withhold payments due to complaints. Offsetting by the hirer/buyer against counterclaims is excluded.

6.3 In the event of late payment, the Lessor/Seller shall be entitled to demand interest on arrears and/or to terminate the rental relationship with immediate effect and to demand the immediate return of the rented goods. In the event of default of payment, the lessee also expressly authorises the lessor to enter any room under the lessee's control in which the rented property is or could be stored in order to regain ownership. The tenant or his creditors are not entitled to a right of retention to the rented property. Purchased goods can only be delivered/collected once the invoice amount has been paid in full.

6.4 In order to secure the Lessor's claim, the Lessee hereby authorises cinegrell gmbh to confiscate the Lessee's film, video and/or audio tapes from the laboratory or other companies. These items may be retained until the claims have been paid in full.

7. reservation of title​

7.1 The Lessor retains all ownership rights to all rented items everywhere and at all times. Any unauthorised transfer of the rental object or parts thereof to third parties is not permitted and shall entitle the Lessor to terminate the rental relationship immediately and to repossess the rental object without delay. Purchased goods shall remain the property of Cinegrell GmbH until the invoice amount has been paid in full.

7.2 Assignments by way of security, claims by third parties, pledges or other encumbrances of the rental object are invalid vis-à-vis the Lessor.

7.3 In the event of judicial enforcement measures affecting the rented property, the Lessee must inform everyone of the ownership situation and notify the Lessor immediately. The costs of intervention measures to protect the property as well as damages incurred by the Lessor due to loss of the rented property shall be charged to the Lessee.

7.4 The removal or covering of company lettering on the rental object is prohibited.

8. insurance​

8.1 The rental object must be compulsorily insured by the Lessee. The insurance shall be invoiced to the Lessee by cinegrell GmbH in accordance with the current rental price list. The deductible in the event of damage is a maximum of CHF 1000.00. In the event of loss (theft, robbery, burglary, etc.), the deductible is 25% of the replacement value.

8.2 The scope of the insurance is limited to Switzerland and the European Union. Worldwide cover can be organised on request.

8.3 By accepting the rental object, the Lessee undertakes to take all customary precautions to protect the rental object and to instruct any third parties concerned accordingly. In particular, the doors of transport vehicles must always be kept locked, even during the journey. The rented items must never be left unattended, must be locked in secure rooms at night and must not be left in vehicles.

8.4 If the rented property is exposed to above-average danger, the Lessor's permission must be obtained in advance.

8.5 In the event of gross negligence, the insurance company and the Lessor reserve the right to transfer the damage to the Lessee on a pro rata basis.

8.6 Purchased goods are in no way insured by cinegrell GmbH. 

9 Damage and liability

​9.1 The Lessee shall assume unlimited liability for the rental item for the entire rental period. This also includes damage resulting from improper operation or handling as well as accidental damage (technical defects that occur accidentally during the rental period).

9.2 Upon receipt, the Lessee must inspect the rental object professionally or have it inspected. It shall be deemed to have been accepted in perfect condition if defects are not expressly reported upon receipt or by 5.30 p.m. at the latest. Defects declared subsequently cannot be recognised.

9.3 All repairs occurring during the rental period shall be borne by the Hirer, unless it is a matter of rectifying defects reported at the time of acceptance.

9.4 Repair costs for minor damage caused by abnormal wear and tear (improper, careless or negligent handling), such as deformation, damage to the paintwork, oxidation, excessive soiling (sand, dust), scratches on optical parts, damage caused by sea water, heat, moisture and vibration, kinks and breaks in and on cables, etc., shall be borne by the Hirer and are not covered by the rental price.

9.5 Rental items that are not returned or damaged will be charged to the Hirer at the effective replacement price plus procurement costs such as postage, etc., irrespective of whether the Hirer is responsible for the damage or not.

9.6 Liability on the part of the Lessor for direct or indirect damage caused by the use of the rental item or by malfunctions or breakdowns is excluded in all cases. It is the responsibility of the hirer to insure himself against production risks if necessary.

9.7 Any type of modification to the rental equipment and any work requiring the removal of housing parts fastened with screws is strictly prohibited without the express consent of the Lessor. All costs for restoring the original condition and, if necessary, inspection by the general agency shall be borne by the hirer.

9.8 Any liability of the Rental Firm in the event of electrical accidents of any kind is excluded to the extent permitted by law.

9.9 The Lessor shall be liable for the functional condition of the rental item at the time of the transfer of risk to the exclusion of further claims as follows: If the rental equipment has a defect on delivery that cancels its suitability for contractual use or reduces it to an extent that is equivalent to cancellation, the Lessor may, at its discretion, rectify the defect, replace the defective equipment, reduce the price or withdraw from the contract.

9.10. Any faults or quality impairments occurring/detected during the rental period shall not exempt the Lessee from paying the rent or reducing it, nor can the Lessor be held responsible in any other way.

9.11. Consumables such as batteries for small appliances are included in the rental price (unless supplied with rechargeable batteries). For lights and projectors, a spare lamp is supplied in addition to the lamp in the lamp housing/projector (one lamp is included in the hire price), which can be used if necessary. One lamp must still be burning when the material is returned; defective lamps must also be returned. Additional lamps and material used will be invoiced.

​9.12. If the goods sold are used items, no replacement equipment can be supplied in the event of any defects (individual items). If it can be proven beyond doubt that a defect already existed before the purchase contract was concluded, the seller shall take back the purchased goods or may grant a price reduction. Any additional costs (transport, customs, packaging, etc.) will be divided equally between the buyer and seller on return. No guarantee can be given for used goods. The goods are sold under exclusion of any warranty. This also applies to hidden defects. This is the sole obligation of Cinegrell GmbH and excludes any further liability.

9.13 The liability of Cinegrell GmbH for damages is excluded, unless the damage was caused by intentional or grossly negligent behaviour. Liability for loss of profit, loss of production or other indirect damage is excluded.

​10 Liability for reworking and personnel obligations

​10.1 If permanent employees of cinegrell GmbH are hired, liability shall be limited to partial or full remission of the agreed fee in the event of demonstrable fault.

10.2 No warranty or liability can be assumed for freelance personnel recommended or arranged by the Lessor.

10.3 The assertion of further warranty claims, in particular claims for reduction and cancellation of sale as well as claims for damages, also for consequential damages, is excluded.

11 Cancellation conditions

11.1 Cancellation of the contract by the tenant before commencement of the rental period: Cancellations must be notified to us by registered letter, stating the reason. The cancellation conditions also come into force if the tenant does not take up the rental property without prior notification. In the event of cancellation, the tenant will be charged the following cancellation costs as a percentage of the total rental amount:
Cancellation 3 to 12 days before the start of the rental period: 10 %
Cancellation less than 48 hours before the start of the rental period: 50 %
If cancelled equipment can still be rented out again within the agreed rental period, the cancellation costs shall only be payable for the portion/period that cannot be rented out.

11.2 Withdrawal from the contract by the lessor/seller: If there are reasons that make it impossible to deliver the rented item/purchased goods at the agreed time (material damage, late return or even return by previous lessees, etc.), the lessor/seller may withdraw from the contract at short notice. In this case, the assertion of claims for damages by the hirer/buyer is excluded.

12 Other provisions

12.1 The Lessee undertakes to bring the Terms and Conditions to the attention of all persons who may be affected by them and to ensure that they are observed at all times.

12.2 Agreements that deviate from the General Terms and Conditions of Business and Hire must be made in writing.

12.3 The lessor/seller does not recognise any other terms and conditions of business or contract. The lessee/buyer expressly waives the right to assert his own terms and conditions of business or rental.

12.4 If the Lessee instructs third parties to collect or return the rental object, he expressly declares them to be authorised, even without formalities, to sign all documents relating to the rental process on his behalf with legal validity and to participate in the entry/exit checks.

12.5 Written amendments to or the invalidity of individual parts of these General Terms and Conditions of Business and Hire or the contracts between the parties relating thereto shall not affect the validity of the remaining provisions.

12.6 All rental prices are to be understood as guide prices and as such are not absolutely binding. The hire company accepts no liability for any errors in the list (hire and purchase). Prices and the composition and scope of delivery of the equipment are subject to change without notice.

12.7 If individual provisions are not applied by mutual agreement, even several times, no customary right can be derived and asserted from this.

12.8 The place of fulfilment for delivery and return of the rental item/purchased goods shall be the premises of the Lessor (cinegrell GmbH). 

13 Place of jurisdiction and applicable law

​13.1 The place of jurisdiction is Rheinfelden, Switzerland. Swiss law shall apply.