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9 General terms and conditions of rental of Bridge Studios General terms and conditions of rental of Bridge Studios apply to all contracts of property rental between Bridge Studios and its clients (thereinafter referred to as renter ). Differing or additional regulations from the renter are explicitly rejected hereby. 1 Materialization of contract 1. The contract materializes only when an notational agreement has been made on which items are to be rented, over which period, to which rental fee. 2. Change, cancellation of, or addition to the notational agreement requires at least a further explicit notational agreement. 2 Subject of Contract 1. The renter is only authorized to contractual use of the props; he is in particular not entitled to use the items for any other purpose than the one stipulated on ordering. When the item is used in the framework of a production, it cannot be used for another production. In case the renter violates this prohibition, he is committed to pay the rental fee that would have been due, had he returned the item after the first production and rented it again afterwards. 2. Changes of the rental items or sublet are only allowed with Bridge Studios consent. 3. Props are to be treated carefully during rental and to be returned flawless after use. 4. Bridge Studios can ask a deposit from the renter before or during the rental period, in cash, up to the actual value of the rented item. 5. For preordered or reserved items, rent has to be paid even when they are not used or picked up. If Bridge Studios is able to rent the item otherwise, the rent to be paid by the renter is reduced by the amount of the actually realized rental fee. 3 Defects 1. Immediately after handing over, the renter must examine if items are flawless and must report any defects, giving a limit time for repair. If he fails to follow this duty, it will be assumed that the items were flawless at the moment of handing over. 2. At the end of the rental period, the renter has to submit a return note filled in by him. 3. Bridge Studios reserves the right to deliver equivalent replacement items instead of the ordered items if it is reasonable to the renter in consideration of his interests. In this case, the renter cannot claim a reduction in rent or indemnities. 4 Rental period The rental period starts with the day of pick-up or dispatch, and ends with the day of return to Bridge Studios. Day of pick-up and day of return are considered as one day of rental. 5 Exclusion of warranty and limitation of liability 1. In case of violation of its contractual obligations (cardinal obligations), FTA is liable for ordinary negligence. 2. Liability beyond this because of violation of other obligations, tort and positive infringement of contract or negligence during conclusion of contract, etc., is limited to gross negligence and intent. 3. FTA s liability, even for violation of substantial contractual obligations, is limited to the compensation of direct and contractually foreseeable damages (e.g. no loss of profit). FTA is liable to the extent to which its negligence has contributed to the occurrence of the damage in proportion to other causes. Strict liability is excluded. 4. All limitations of liability are invalid in the event of loss of life, physical injury and damage to health. 6 Terms of payment 1. Rental fees are payable within one week after reception of an invoice. 2. Interests on arrears of 8% above the prime lending rate p.a. are charged. We reserve the right to enforce higher indemnities for damage caused by default. 7 Other 1. If individual clauses of this contract are or become invalid, the rest of the contract remains unaffected. Invalid clauses are to be mutually replaced by clauses that are suitable to obtain the wanted economic purpose with regard to both parties interests. The same applies to the completion of possible loopholes in this contract. 2. The contract is subjected, if not explicitly stipulated otherwise, to the laws of the Federal Republic of Ger-man. 3. Exclusive place of jurisdiction if legally permitted is Berlin.