General Terms and Conditions of OKULA AG

1. Scope of Application

These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts between OKULA AG (hereinafter referred to as OKULA) and its customer, unless otherwise agreed in writing.
The general terms and conditions of the customer are not applicable unless they have been recognised by OKULA in writing, either as a whole or individually.

2. Scope of Services

The subject of the contract is the service agreed on the basis of the written offer on or during the days specified in the offer (hereinafter referred to as the event). Changes to the order only become effective if they are agreed in writing. OKULA is authorised to transfer the performance of individual obligations under the contract to third parties.

3. Rental Property

All intellectual property rights, their utilisation and processing rights (hereinafter referred to as rights) to the plans, concepts, models, etc. created by OKULA for the customer are the exclusive and unrestricted property of OKULA. OKULA is entitled to use the ideas, concepts, etc. used in the fulfilment of the contract, including the acquired know-how, for other purposes. The rental object remains the property of OKULA. The transfer for use only gives the customer the right to use the rental object itself during the event. However, the customer may not sell, pledge, sublet or otherwise dispose of the rental property. Complaints regarding defects in the rental property or the incompleteness of the rental property must be made at the start of the event, otherwise the rental property shall be deemed to have been handed over in perfect condition and complete. The client is aware that the rental property is used several times and is generally neither new nor free from wear and tear at the start of the event. Minor wear and tear and deviations in colour or dimensions are therefore not considered defects that impair the suitability of the rental object. If the customer does not return the rental object provided to him by OKULA on time, the customer must pay for the additional rental period at the price specified in the offer and bear all costs incurred by OKULA due to the late return. In this case, OKULA reserves the right to collect the rental object at any time without prior notice at the customer’s expense. Early return of the rental object does not entitle the customer to a reduction in the agreed price.

4. Price and Terms of Payment

The price and payment terms are specified in the offer. In addition to the agreed price, the legally owed value added tax must be paid. Extensions to the service after acceptance of the offer will be invoiced to the client additionally. The client shall also be invoiced additionally for the costs of cleaning and/or repairing soiled or improperly returned rental equipment. OKULA is entitled to refuse its service or to withdraw from the contract immediately (i.e. without setting a prior deadline) if payment for the service is not made on time. In the event of cancellation of the contract by the client, the client shall pay the costs already incurred.
In addition, a lump-sum handling fee shall be paid in the following amount:

• Cancellation more than 4 weeks before the start of the event or project start (set-up date): 50 % of the agreed price
• Cancellation within less than 4 weeks before the start of the event or project start (set-up date): 70 % of the agreed price
• Cancellation within less than 1 week before the start of the event or project start (set-up date): 90 % of the agreed price
• Cancellation on the day of the start of the event (set-up): 100 % of the agreed price

5. Obligations of the Client

The rental property must be handled carefully, properly and in accordance with OKULA’s instructions. Any modification of the rental object and the covering or removal of the OKULA company logo are prohibited. The rental object may only be transported in closed vehicles. Defects occurring during the event may only be repaired by OKULA itself or by persons authorised by OKULA at the customer’s expense. The rental objects must be clean and in good working order when they are returned. Any defects and faults must be reported immediately to OKULA by the customer. The customer undertakes to operate rented equipment via a residual current circuit breaker. The customer is obliged to ensure that the federal regulations set out in NIN 7.11.6 are complied with. It should be noted in particular that all temporary electrical installations must be tested after each installation. According to Art. 24 NIV, two tests must be carried out: An initial inspection during construction and a final inspection and acceptance inspection. These tests must be recorded in writing. A final inspection must be carried out by an inspection body in accordance with Art. 24 NIV.

6. Liability

OKULA accepts no liability in connection with the rental object during the event. The rental object is transported, stored and operated at the customer’s risk. Insurance and the obtaining of the necessary authorisations must be ensured by the customer. The client is liable for damage to and loss of the rental object. The customer is liable for all damages incurred by OKULA or third parties due to improper or inappropriate use of the rental object. If the rental object is used in the open-air area, the customer is fully liable for all damage, in particular damage caused by environmental influences or theft. The client shall also be liable for consequential damage caused by damage to the rental property. Any defects occurring during the event cannot be excluded. In such cases and if the rental object is incomplete at the time of the start of the event, OKULA will endeavour to replace the rental object as quickly as possible. The customer is not entitled to compensation for any waiting time for the replacement hire item or until the hire item has been repaired. Reduction or cancellation of the contract are expressly excluded. OKULA is responsible for the careful fulfilment of the contractual obligation and is liable for any direct damage in connection with this which it or third parties commissioned by it have caused intentionally or through gross negligence. Otherwise, any liability on the part of OKULA for property damage and financial loss as well as for personal injury is excluded to the extent permitted by law. In particular, OKULA cannot be held liable for operational disruptions or defects occurring during the event or for any consequential damage or loss of profit resulting therefrom.

7. Severability Clause

Should any of the provisions of these General Terms and Conditions be or become invalid, void or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby.

8 Applicable Law / Place of Jurisdiction

All agreements between OKULA and the customer shall be governed by substantive Swiss law, excluding conflict of law rules and international treaties.
The exclusive place of jurisdiction for all disputes arising from or in connection with the legal relationship between OKULA and the customer is the registered office of OKULA AG.

Version February 2022