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Terms and conditions

AppSCREEN®, the original

General Terms and Conditions of AppSCREEN GmbH

 

§ 1 Scope

 

  1. These General Terms and Conditions (GTC) apply to all contracts, offers, deliveries, and services of AppSCREEN GmbH with entrepreneurs as defined in § 14 of the German Civil Code (BGB), legal entities under public law, or special public‑law funds.

  2. They apply to both purchase and rental agreements. Deviating terms of the customer are only valid if AppSCREEN GmbH has expressly agreed in writing.

 

 

§ 2 Conclusion of Contract

 

  1. Offers by AppSCREEN GmbH are non‑binding. Changes in form, color, technical details, weight or dimensions are permissible insofar as they are reasonable.

  2. A contract is only concluded upon written order confirmation or by delivery or invoicing.

  3. Rights to designs, drawings, software, and tools remain with AppSCREEN GmbH, unless otherwise agreed in writing.

 

 

§ 3 Prices and Payment

 

  1. Prices are net ex works / ex warehouse, plus packaging, shipping, insurance, and statutory value‑added tax.

  2. Advance payment upon order placement: The full invoice amount is due upon order. Delivery or performance only after payment has been received. No discounts permitted.

  3. In case of default, AppSCREEN GmbH is entitled to charge interest at a rate of 9 percentage points above the base interest rate (per § 288 para. 2 BGB).

 

 

§ 4 Delivery & Transfer of Risk

 

  1. Delivery periods are non‑binding unless expressly agreed in writing. The customer must provide all necessary information and documentation in due time.

  2. Risk transfers as soon as the goods are handed to the carrier or leave the warehouse. If the shipment is delayed at the customer’s request, risk transfers upon notice of dispatch readiness.

  3. Partial deliveries are permitted where reasonable.

 

 

§ 5 Retention of Title (for Purchase Agreements)

 

Ownership of the delivered goods remains with AppSCREEN GmbH until full payment of all claims arising from the business relationship.

 

§ 6 Warranty & Complaint of Defects

 

  1. For purchase agreements: statutory warranty rights with a limitation period of 12 months from delivery, unless a longer period is legally mandatory (e.g. in case of fraud, intentional misrepresentation, or personal injury).

  2. For rental agreements: the provisions of §§ 535 ff. BGB apply. The renter must immediately notify visible defects in writing.

  3. Guarantees in the legal sense are only assumed if explicitly agreed in writing.

 

 

§ 7 Liability

 

  1. AppSCREEN GmbH is fully liable for intent, gross negligence, and for damages to life, body or health.

  2. For damages caused by simple (slight) negligence, AppSCREEN GmbH is liable only if a material contractual obligation (so‑called cardinal obligation) is breached. In such case, liability is limited to the typical, foreseeable damage at the time of contract conclusion.

    • Definition of Material Contractual Obligation / Cardinal Obligation: Contractual obligations which are essential for achieving the contractual purpose – e. g. timely delivery, promised functionality of the device at handover.

     

  3. Any further liability is excluded to the extent permitted by law.

 

 

§ 8 Special Provisions for Rental Agreements

 

  1. Insurance Obligation

    The renter must insure the rented device during the rental period (including transport, storage, use) at their own cost, sufficiently against theft, loss, damage, destruction. Upon request and by separate agreement, an insurance offer may be made for direct customers.

  2. Sub‑rental / Further Rental by the Customer

    If the device is further rented out to third parties (e.g. trade fair rental, media technicians), the customer (renter / sub‑renter) alone is responsible for insurance, safety, and liability. Any insurance offered by AppSCREEN is expressly excluded in such cases.

  3. Cross‑Border Transport / Use Abroad

    Taking rented equipment abroad requires written notification to AppSCREEN GmbH at or before order placement and express written consent. Without such agreement, the customer bears all resulting risks, costs, and damages.

 

 

§ 9 Order Cancellation (Rental & Purchase)

 

  • Up to 40 days before the scheduled provision / handover: 25 % of the order value

  • Up to 30 days before: 50 %

  • Up to 20 days before: 100 %

 

The customer retains the right to prove that no damage or only a smaller damage has occurred.

 

§ 10 Final Provisions

 

  1. Only German law applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

  2. Place of performance and jurisdiction is Munich, provided the customer is an entrepreneur. AppSCREEN GmbH may also sue at the customer’s place of business.

  3. Should any provision of these GTC be or become invalid, the rest remains in force. Invalid provisions shall be replaced by such valid ones which come closest to the intended economic purpose.