of the company

Simulationstechnik Lingnau GmbH

with company headquarters: In der Raubach 18 in 51570 Windeck (Germany)

1.

The following General Terms and Conditions of Simulationstechnik Lingnau GmbH shall apply to the contractual relationship between the contractual partners; the General Terms and Conditions of the contractual partner shall only apply if Simulationstechnik Lingnau GmbH has expressly agreed to their validity. Any conflicting or additional terms and conditions of the contractual partner are expressly rejected.

2.

For the type, scope and processing of the mutual services, the contractually agreed terms and conditions shall apply first – the general terms and conditions shall apply second.

3.

By stating a German address, the contractual partner declares that the address is his place of residence / registered office and justifies the exclusive application of German law. If the contractual partner specifies a foreign address (EU country / third country), the UN Convention on Contracts for the International Sale of Goods in the English version is hereby expressly agreed.

If both contractual partners are entrepreneurs / merchants, German commercial practices as defined by the German Commercial Code (HGB) shall apply to German business relations. In the case of foreign legal relationships and the application of the UN Convention on Contracts for the International Sale of Goods, the regulations of the Incoterms shall apply.

4.

A contractual relationship shall only come into existence if the offer is accepted in writing by Simulationstechnik Lingnau GmbH or confirmed by Simulationstechnik Lingnau GmbH in a commercial letter. The sending of an invoice for the specific order shall also be deemed to be a commercial letter of confirmation.

5.

If prices and / or services are not expressly agreed in terms of amount, the following price list shall apply; travel costs shall be charged at € 2.00 per kilometer plus VAT. VAT will be charged. Working hours / driving lessons are charged at € 115.00 plus VAT. VAT will be charged.

1.

Unless expressly agreed otherwise, the daily rental period is a total of 8 hours per day. These 8 hours are to be used between 8:00 am and 7:00 pm. Additional hours will be charged at € 100.00 plus VAT.

2.

Unless otherwise agreed, the invoices of Simulationstechnik Lingnau GmbH are due in advance. If the payments have not been made, Simulationstechnik Lingnau GmbH (lessor) shall have a right of retention until full payment has been made, as well as the right to terminate the contract for good cause, with the proviso that 30% of the net order amount shall be paid by the lessee (client) as a lump sum for the expenses incurred.

3.

The tenant has the right to terminate the contract. Notice of termination must be given in writing. If notice of termination is given, a lump-sum cancellation fee of 25% of the gross order amount shall be payable by the tenant in accordance with the invoice issued / to be issued. Cancellation fees are due immediately and before the event or handover.

4.

The hirer agrees to notify Simulationstechnik Lingnau GmbH of the specific location of the driving simulator (event address) no later than three days before the start of the event. The lessee agrees to provide a proper access route for a truck with a permissible total weight of up to 7.5 t with trailer, and a drive-through height of up to 3.80 m on a paved road; the lessee shall also ensure a proper location, according to the data sheet of the rental property on a load-bearing surface (at least 200 kg load capacity/m²). The hirer must provide free parking, vehicle storage incl. parking space at the location of the event in the immediate vicinity. of the trailers. The hirer shall provide the employees of Simulationstechnik Lingnau GmbH with sufficient suitable auxiliary personnel for loading and unloading, set-up and dismantling; the duration, number and specific specification of the period before and after the start of the event shall be communicated by Simulationstechnik Lingnau GmbH no later than one day before the event. If the hirer is unable to guarantee the required conditions at the venue, Simulationstechnik Lingnau GmbH shall have a right of retention until the services have been provided.

a.

The lessee shall provide power connections for the Actoracer® at its own expense for the location of the simulator, as specified by Simulationstechnik Lingnau GmbH.

b.

The hirer is solely responsible for all building regulations, music permits and other permits relating to the event.

c.

In the case of events lasting several days, the hirer shall ensure that the simulators are protected against access, theft, use and damage by unauthorized third parties from the time of delivery, outside operating hours, until the agreed collection date. Protection can be ensured by security and/or suitable personnel and, if necessary, structural measures. The hirer shall be liable for any damage to the simulator or the technical equipment of Simulationstechnik Lingnau GmbH that occurs during the above-mentioned period.

5.

The company Simulationstechnik Lingnau GmbH owes the provision of a functional, intact and safe Actoracer® of the type rented.

The simulators are sensitive, highly technical devices that can fail for unforeseen reasons and due to external influences. Should any defaults occur during the rental period, this shall not affect the tenant’s obligation to pay the rent.

6.

Unless otherwise agreed, Simulationstechnik Lingnau GmbH shall provide professionally trained personnel in addition to the simulators for 8 hours per day during the core rental period from 8.00 am to 7.00 pm. Staff are entitled to two 30-minute breaks per day at any time. In the event of an event lasting several days or a journey of more than 150 km from the registered office of Simulationstechnik Lingnau GmbH, the hirer shall provide the employees of Simulationstechnik Lingnau GmbH with a hotel room in the vicinity of the event at his own expense.

7.

In the case of outdoor events, Simulationstechnik Lingnau GmbH has the right to suspend operations in the event of rain and wind for safety and technical reasons without affecting the obligation to pay rent.

8.

Simulationstechnik Lingnau GmbH shall be entitled to terminate the contract up to three days before the event by means of a simple written declaration. In the event of such termination, the contractual partner’s obligation to pay rent shall lapse. The contractual partner shall not be entitled to claim damages.

9.

If, for reasons for which Simulationstechnik Lingnau GmbH is not responsible, Simulationstechnik Lingnau GmbH does not does not appear at the agreed rental period, the renter shall not be obliged to pay the rent. The assertion of further damages is only possible if these were caused intentionally or through gross negligence on the part of Simulationstechnik Lingnau GmbH. The amount of compensation is limited to the amount of the originally agreed rent claim and must be specifically proven by the tenant.

10.

By entering into the contract, the lessee expressly agrees that photos and camera recordings made of the simulators during the rental period may be used without restriction by Simulationstechnik Lingnau GmbH.

11.

Any claims for damages of any kind are limited to a maximum of 5% of the rental price and must be substantiated by the tenant.

1.

The sale of used items by Simulationstechnik Lingnau GmbH to companies as buyers is subject to the exclusion of warranty, to consumers as buyers limited to 6 months from delivery. For new purchases, the warranty period for companies as buyers is 12 months, for consumers 24 months from delivery.

2.

The place of delivery of the items shall be the registered office of Simulationstechnik Lingnau GmbH; if the purchaser requests that the items be sent, the risk shall pass to the purchaser at the registered office of Simulationstechnik Lingnau GmbH.

For shipments within Germany, Simulationstechnik Lingnau GmbH shall select the appropriate mode of transportation (post / letter / parcel / forwarding agent) against advance payment; if the shipment is to be made to a country outside the EU, the purchaser must indicate which mode of shipment is to be selected. The buyer is solely responsible for compliance with all tax/customs regulations; the same applies to third countries (non-EU countries/non-European countries).

Unless otherwise agreed, the invoice amount plus VAT will be charged for foreign transactions. of a security amount in the amount of the possible value added tax and is to be paid in full by the buyer including VAT. of imputed transportation costs in advance.

If the goods have been properly shipped to their destination and Simulationstechnik Lingnau GmbH has received the documents required for tax recognition of the shipment abroad (e.g. certificate of arrival), Simulationstechnik Lingnau GmbH shall refund the security deposit paid to the purchaser in the case of VAT-free performance.

3.

Payment for the goods shall be made prior to delivery; the goods shall only be dispatched in Germany and abroad once the invoice has been paid in full. If the UN Sales Convention applies, the parties agree that Simulationstechnik Lingnau GmbH shall only be liable in the event of fault.

4.

If there are any defects and a warranty obligation exists, the purchaser is obliged to notify Simulationstechnik Lingnau GmbH of the defect in writing; for the inspection of the defectiveness, the purchaser must send the item to the place of delivery or, if the goods are broken down, to the place of business of Simulationstechnik Lingnau GmbH. The company Simulationstechnik Lingnau GmbH is entitled to carry out rectification tests.

As an alternative to shipping the item subject to the warranty, the buyer shall be given the option of requesting a problem analysis and repair on site at the location of the item at his own expense; this request must be made in writing, stating the location of the item.

After receipt of the location and the specific notification of defects, Simulationstechnik Lingnau GmbH shall inform the customer within one week of the time window in which a fitter will appear on site, with a lead time of generally 5 days’ notice.

The costs for the technician for the transfer from the registered office of Simulationstechnik Lingnau GmbH to the location of the goods shall be borne by the purchaser in advance; for this purpose, Simulationstechnik Lingnau GmbH shall determine the expected imputed travel / train / flight costs as travel costs and send them to the contractual partner as an advance invoice.

Only after settlement of the advance invoice is there an obligation to appear at the site, the cost of the on-site assessment / repair service is to be borne by the buyer, regardless of whether or not there is a defect for which Simulationstechnik Lingnau GmbH is liable under the warranty.

The buyer has the right to terminate the contract before delivery of the goods. Notice of termination must be given in writing. If notice of termination is given, a lump-sum cancellation fee of 25% of the gross order amount for normal delivery goods and 30% of the gross order amount for manufactured simulators shall be payable by the Buyer in accordance with the invoice or offer issued/to be issued. Cancellation fees are due immediately after termination and can also be offset against advance payments made.

5.

Any claims for damages of any kind are limited to a maximum of 5% of the purchase price and must be substantiated by the buyer.

The contract language is German and the law of the Federal Republic of Germany applies.

Amendments/additions must be made in writing; verbal agreements are only binding if they are confirmed in writing by Simulationstechnik Lingnau GmbH. E-mails do not satisfy the written form requirement.

The data of the contractual partners are processed in the context of business operations in accordance with the German Data Protection Act.

Should individual provisions of these terms and conditions be or become invalid or unenforceable, the contract as a whole and the remaining provisions of these terms and conditions shall remain valid. The contracting parties are obliged to replace the invalid/unenforceable provisions with a provision that comes as close as possible to the economic intent of the invalid/unenforceable provision. The same applies to gaps.

The place of performance and jurisdiction is the registered office of Simulationstechnik Lingnau GmbH.

(as of January 2018)