Terms & Conditions

General terms and conditions - Kemmer

Article 1 - Definitions

In these general terms and conditions, the following definitions apply:

Kemmer: the enterprise as defined in Article 2 of these general terms and

conditions;
Other party: the party with whom Kemmer has entered into an Agreement or

with whom Kemmer is negotiating about entering into an Agreement;
Consumer: a natural person not acting in the exercise of a profession or business;
Agreement: any agreement/assignment between Kemmer and the Other Party to

provide services and/or supply goods by Kemmer to the Other Party;
Parties/party: the Other Party and Kemmer together or each as an individual

contracting party;
In writing: notification by e-mail, by post or by WhatsApp;
Third party/parties: Other natural or legal persons who are not part of this

Agreement;
Services: the services provided by Kemmer, including (but not limited to)

producing an entire video, helping with a specific part of the production of a video, live-streaming events, designing on-screen graphics, editing videos, creating content for social media and equipment rental;
Product(s): custom-made video material and hard disks containing video material created in the execution of an assignment;
Work(s): videos and social media content;
Tenant/Lessee: the Other Party who rents video equipment and items ancillary to

the equipment such as but not limited to, cables from Kemmer.
The Rented/The Leased: video equipment and items ancillary to the equipment

such as but not limited to cables

Article 2 - Identity of Kemmer

Company name: Kemmer Video Production
Street name and number: De Kooihoek 18L
Postcode and place of business: 3751 LZ in Bunschoten-Spakenburg Chamber of Commerce number: 32118375

Article 3 - General provisions

1. These general terms and conditions shall apply to every offer and all (legal) acts of Kemmer and to every Agreement concluded between Kemmer and the Other Party.

If the Agreement is concluded electronically, contrary to the previous paragraph and before the Agreement is concluded, the text of these general terms and conditions will be made available to the Other Party electronically in such a way that it can be easily stored by the Other Party on a sustainable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be looked into electronically and that at the request of the Other Party they will be sent to them electronically or otherwise free of charge before the Agreement is concluded.
Unless expressly agreed upon otherwise and in Writing, the applicability of other general terms and conditions is excluded.
Deviations from or additions to these general terms and conditions shall only be valid if expressly agreed upon In Writing.
If Kemmer does not always demand strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that Kemmer would to any extent lose the right to demand strict compliance with the provisions of these terms and conditions in other cases.
If and insofar as any provision of these general terms and conditions cannot be invoked on the grounds of reasonableness and fairness or its unreasonably burdensome nature, the provision in question shall in any case be accorded a corresponding meaning as far as possible in terms of its content and purport, so that it can be invoked.
Kemmer cannot guarantee that the work they perform will (always) achieve the result desired by the Other Party. The accepted assignment leads to an obligation of effort and not to an obligation of result.
Kemmer is entitled to engage Third Parties for the performance of the Agreement.
The operation of Section 7:407(2) of the Dutch Civil Code is excluded.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, then this shall be expressly stated in the offer.
An offer made by Kemmer is valid for 14 (fourteen) days, unless otherwise agreed upon In writing.
The offer contains a complete and accurate description of the Services, digital content and/or Products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Other Party. Obvious mistakes or obvious errors regarding, for example, prices displayed shall not bind Kemmer.

Article 5 - The Agreement

1. The Agreement is established at the moment of acceptance by the Other Party of the offer and the fulfilment of the conditions set out therein.

If any provision of these general terms and conditions or an Agreement turns out to be null and void or is nullified, then this shall not affect the validity of the entire general terms and conditions or Agreement. The parties shall consult in order to agree upon a new provision to replace the void or voided provision, taking into account as much as possible the purpose and meaning of the void or voided provision.
Kemmer reserves the right not to perform a concluded Agreement, for instance if it has reasonable doubt or information that the Other Party will not (be able to) meet its (financial) obligations. If Kemmer refuses, it will inform the Other Party in Writing of the refusal within a reasonable term after the conclusion of the Agreement.
The Other Party's right of suspension and right of setoff are excluded if the Other Party acts in the course of a profession or business.
These general terms and conditions also apply to future, additional and/or follow- up orders.
Agreed upon delivery periods/dates are always indicative. Agreed upon dates/timeslots for delivery and completion are therefore not strict deadlines. Exceeding a term therefore does not entitle the Other Party to damages.
If the Other Party has accepted the offer electronically, Kemmer shall immediately confirm the receipt of the acceptance of the offer electronically.

Article 6 - Right of withdrawal

A Consumer may dissolve a distance or off-premises Agreement without giving grounds within a period of 14 (fourteen) days. This period begins to run:
1. for an Agreement to provide Services, the day the Agreement is concluded.
  
  This right of cancellation expires when the performance of the Service, with the consent of the Consumer, has started before the end of the 14 (fourteen) day reflection period;
2. in the case of consumer purchase: the day on which the Consumer or a third party or parties appointed by the Consumer, who is not the carrier, received the item.
If the Products offered by Kemmer are made according to specific instructions from or are customised for the Other Party, then those Products are exclusively intended for that individual buyer. On this basis, the right of cancellation is excluded for those Products.
If a Consumer can exercise his right of cancellation, the Consumer must take care of returning the Product.
The right of cancellation does not apply if the Other Party is not a Consumer.

Article 7 - Exercise of the right of withdrawal

1. If Consumer wishes to exercise the right of withdrawal, then he/she must notify Kemmer In writing of this withdrawal within the cooling-off period of 14 days.

The Consumer shall return the Products as soon as possible, but within 14 days after he/she has made it known that he/she wishes to exercise the right of cancellation.
Consumer shall return the Product with all delivered accessories, and if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Kemmer.
The risk and burden of proof for the correct and timely exercise of the right of cancellation lies with the Consumer.
Consumer shall bear the direct costs of returning the Product.
During the cooling-off period, Consumer shall handle the Products with care and

shall only unpack or use the Products to the extent necessary to test the Products. In doing so, Consumer may test the Product as he/she might do in a shop.
When Consumer acts in violation of this article, Consumer is liable for the decrease in value and/or damage of or to the Products.

Article 8 - Cancellation policy

The Other Party may cancel an assignment given to Kemmer free of charge up to one month before the assignment is due to start. If the Other Party cancels the assignment in the month before the assignment was to commence, Kemmer may charge costs for this. These costs will be invoiced to the Other Party. This invoice must be paid within 30 (thirty) days. Thereafter, statutory interest will start to accrue.
If the assignment is cancelled by the Other Party within the third or fourth week before the start of the assignment, the Other Party will be obliged to pay Kemmer 20% of the quoted amount for the entire assignment.
If the Other Party cancels the assignment given to Kemmer 2 (two) weeks before the start of the assignment, the Other Party will be obliged to pay Kemmer 40% of the quoted amount for the entire assignment.
If the Other Party cancels the assignment given to Kemmer within 1 (one) week before the start of the assignment, the Other Party shall be obliged to pay Kemmer 50% of the quoted amount for the entire assignment.
If the Other Party cancels the assignment given to Kemmer within 24 (twenty- four) hours before the start of the assignment, the Other Party will be obliged to pay Kemmer 100% of the quoted amount for the entire assignment.

Article 9 - Dissolution

6. If the Other Party does not fulfil one or more of his obligations, does not fulfil them on time or properly, is declared bankrupt, applies for (provisional) suspension and/or deferment of payment, proceeds to wind up his business, as well as if his assets are seized in whole or in part Kemmer shall have the right to

suspend the performance of the Agreement or to terminate and/or rescind the Agreement by operation of law and without prior notice of default, in full or in part, by means of a Written statement, all this at its discretion and always with retention of any right to compensation for costs, damage and interest.

7. If the Agreement ends due to force majeure, Kemmer shall be entitled to payment for the hours already worked or investments made at the time of the termination of the Agreement.

Article 10 - Liability

In case the Other Party is a Consumer:

Kemmer's total liability shall be limited to compensation for damage up to the

amount of the fee stipulated for that Agreement (excluding VAT). In no case shall the total compensation for damage exceed the amount to be paid out by Kemmer's liability insurance.
Not limited is Kemmer's liability for damage resulting from intent or deliberate recklessness of Kemmer.

In case the Other Party acts in the exercise of a profession or business:

Kemmer is not liable for any indirect and direct damages. Not excluded is

Kemmer's liability for damage resulting from intent or conscious recklessness of

Kemmer.
If Kemmer can nevertheless be held liable in a specific case, regardless of the

provisions of this article, Kemmer's total liability shall be limited to compensation of damage up to a maximum of the amount of the fee stipulated for that Agreement (excluding VAT).
The amount of compensation shall never exceed the amount paid out by Kemmer's liability insurance.
If Kemmer can be held liable, this can only be for direct damage. Direct damage is exclusively understood to mean:
1. reasonable costs that the Other Party would have to incur to have Kemmer's
  
  performance comply with the Agreement; however, this replacement damage will not be compensated if the Agreement is dissolved by or at the request of the Other Party;
2. reasonable costs incurred by the Other Party for keeping its old system(s) and related facilities operational longer out of necessity due to Kemmer's failure to deliver on a final delivery date binding to it minus any savings resulting from the delayed delivery;
3. reasonable costs incurred to determine the cause and scope of the damage insofar as the determination relates to damage within the meaning of these general terms and conditions
4. reasonable costs incurred to prevent or limit damage insofar as the Other Party demonstrates that these costs led to a limitation of the damage within the meaning of these general terms and conditions.

7. The Other Party shall indemnify Kemmer against any claims of Third Parties, who suffer damage in connection with the. performance of the Agreement.

General provisions regarding liability:

A condition for the existence of any right to compensation shall always be that

the Other Party reports the damage in writing to Kemmer as soon as possible after its occurrence. Any claim for damages against Kemmer shall lapse by the mere expiry of 12 (twelve) months after the claim arose.
Kemmer shall not be liable for damage inflicted by auxiliary persons as referred to in Article 6:76 of the Dutch Civil Code.
Kemmer shall not be liable for damage, of any nature whatsoever, due to Kemmer having relied on incorrect and/or incomplete data provided by the Other Party or if the Other Party delivered this data too late.

Article 11 - Force majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming by Kemmer in the fulfilment of any obligation towards the Other Party cannot be attributed to Kemmer in the event of a circumstance beyond Kemmer's control, as a result of which the fulfilment of its obligations towards the Other Party is fully or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be required of Kemmer. Such circumstances shall also include non-performance by suppliers or other Third Parties, (power) failures, computer viruses, extreme weather conditions, fire (danger), (imminent) danger of war, pandemics, epidemics, quarantines, absenteeism, incapacity for work, strikes, government measures and the spontaneous breakdown of vehicles and equipment that contribute to the successful performance of the Agreement.
If a situation as referred to in paragraph 1 of this Article arises as a result of which Kemmer is unable to fulfil its obligations to the Other Party, then, if reasonably possible, those obligations shall be suspended for as long as Kemmer is unable to fulfil its obligations. If the force majeure situation has lasted for 30 (thirty) calendar days, both Parties shall have the right to dissolve all or part of the Agreement in Writing. In that case, Kemmer shall not be obliged to compensate any damage, even if Kemmer enjoys any advantage as a result of the force majeure situation.

Article 12 - Fees/Prices

All prices are in euros and are inclusive of turnover tax and other government levies for Consumers and exclusive of turnover tax and other government levies for business counterparties unless agreed upon otherwise In writing.
Kemmer reserves the right to apply a inflation correction per every 3 (three) months.

The agreed upon prices are based on cost-determining factors at the time of the offer. Kemmer reserves the right to pass on to the Other Party any changes in cost-determining factors that arise 3 (three) months after the conclusion of the Agreement and over which Kemmer cannot reasonably exercise any influence, such as increases in taxes, social security charges, insurance payments or VAT, up to a maximum of 20% of the original amount.
Kemmer is also entitled to increase the amounts, as stated in the offer, above the maximum of 20% as in the previous paragraph. In that case, the Other Party does have a right of immediate termination at the time the price change takes effect. Kemmer will always inform the Other Party of such a price change 1 (one) month before it takes effect.
A combined quotation shall not oblige Kemmer to perform part of the Agreement at a corresponding part of the quoted price.
Discounts and quoted prices do not automatically apply to future Agreements.

Article 13 - Travel expenses

Travel expenses incurred in the context of an assignment given by the Other Party shall always be borne by the Other Party. These costs shall be paid directly by the Other Party or added by Kemmer to invoices yet to be issued or invoiced by Kemmer afterwards.
If Kemmer must advance its travel costs for the Other Party, Kemmer will be entitled to charge an additional 10% of these travel costs in addition to the actual travel costs.
If Kemmer must travel by car, €0.35 in petrol costs will be reimbursed by the Other Party per kilometre driven. This reimbursement per kilometre driven will be deviated from in writing in favour of Kemmer if the petrol costs have increased to such an extent at the time of refuelling that the petrol cost reimbursement agreed herein no longer covers the entire costs.
If transport by aeroplane is required, the Other Party will book the airline tickets for all persons working for Kemmer at the time of the performance of the assignment (both salaried and freelance) as much as possible with KLM. Low cost operators such as Ryanair, Transavia, Easy Jet and Wizzair are excluded.
If travel is required within the scope of the assignment, the Other Party will be charged 50% or 70% of the normal rate as travel expenses.

Article 14 - Hotels

1. If the assignment is more than a two-hour drive away from the place of residence of (one of the) persons working for Kemmer (whether employed or hired), or if the assignment concerns a multi-day project that is more than a 1.5-hour drive away from the aforementioned place(s) of residence, the Other Party must, in consultation with Kemmer, book sufficient hotel rooms for the persons concerned for the entire duration of the assignment.

2. As far as possible, the hotels to be booked by the Counterparty must meet the following requirements: at least three stars, the rooms to be booked must always be single rooms, parking and breakfast at the hotel must be included and the hotel must be located a maximum of 20 (twenty) minutes from the workplace of the assignment.

Article 15 - Crew catering on location

1. Breakfast, lunch, dinner and sufficient (overnight) snacks must be paid for by the Other Party. The Parties will jointly determine a budget for this in writing.

Article 16 - Payment and invoicing

Insofar as not otherwise provided for in the Agreement or additional terms and conditions, the amounts owed by the Other Party must be paid within 30 (thirty) days of the invoice date.
The Other Party has the duty to immediately report inaccuracies in payment details provided or stated to Kemmer.
If the Other Party fails to meet his payment obligation(s) in time, Kemmer shall point out the late payment to the Other Party and grant the Other Party a period of 7 (seven) days to still meet his payment obligations. After non-payment within this seven-day term, a final term of 7 (seven) days shall be granted. Thereafter, the Other Party shall be in default. As a result, the Other Party shall also owe the statutory (commercial) interest on the amount still due. In addition, Kemmer is entitled to charge the extrajudicial collection costs incurred by him.
In the event of (reasonable prospect of) bankruptcy, liquidation or suspension of payments or debt restructuring under the WSNP, Kemmer's claims on the Other Party and the Other Party's obligations towards Kemmer shall be immediately due and payable.
Payments made by the Other Party will always first be applied to settle all interest and costs owed, and secondly to settle invoices that have been outstanding the longest, even if the Other Party indicates that the payment relates to a later invoice.

Article 17 - Delivery

The place of delivery shall be the address that the Other Party has made known to Kemmer.
The risk of damage and/or loss of Products rests with Kemmer until the moment of delivery and placement at the Other Party or a representative appointed in advance and made known to Kemmer, unless expressly agreed upon otherwise and In writing.

3. All delivery periods are indicative. The Other Party cannot derive any rights from any terms stated. Exceeding a term does not entitle the Other Party to any damages.

Article 18 - Complaints

The other party can no longer claim a shortcoming in the performance if he has not protested to Kemmer within 2 (two) months after he has discovered or reasonably should have discovered the shortcoming. If there is a visible defect upon delivery, a period of 48 (forty-eight) hours shall apply.
In any event, the Other Party must give Kemmer 4 (four) weeks to resolve the complaint in mutual consultation.
If a complaint has not been reported to Kemmer within the periods stated in paragraph 1, the Product shall be deemed to comply with the Agreement and to function in accordance with the Agreement.
Complaints do not suspend the Other Party's payment obligation if the Other Party acts in the exercise of a profession or business.

Article 19 - Transfer

1. Rights and obligations of the Other Party under this Agreement cannot be transferred without the prior Written consent of the other party. This provision counts as a clause with effect under property law as referred to in section 3:83 paragraph 2 of the Dutch Civil Code.

Article 20 - Retention of ownership

The ownership of all goods sold and delivered by Kemmer to the Other Party shall remain the property of Kemmer:
1. as long as the Other Party has not paid claims under the Agreement or
  
  previous or subsequent similar Agreements;
2. as long as the Other Party has not paid the work performed or to be
  
  performed under these or similar Agreements;
3. and as long as the Other Party has not yet paid Kemmer's claims due to failure
  
  in the fulfilment of such obligations, including claims relating to fines, interest
  
  and costs, all this as referred to in Article 3:92 of the Dutch Civil Code.
The Other Party is not authorised to pledge or otherwise encumber the goods

falling under the retention of title.
Kemmer shall be entitled to unhindered access to the Product when exercising its

retention of title. The Other Party shall render Kemmer all cooperation in order to enable Kemmer to exercise the retention of title by repossessing the Product. The Other Party hereby unconditionally and irrevocably authorises Kemmer or a Third Party to be appointed by Kemmer, in all cases in which Kemmer wishes to

exercise its property rights, to enter all those places where the property will then be located and to take these goods there.

Article 21 - Additional work

If Kemmer has carried out work or other performances at the request of the Other Party or at its own request, with the Other Party's prior Written consent, that falls outside the content or scope of the Agreement, this work or performance will be reimbursed by the Other Party in accordance with Kemmer's usual rates. The Other Party will never be obliged to comply with such a request and may require a separate Agreement in Writing to be concluded for that purpose.
The Other Party accepts that work or performances as referred to in paragraph 1 of this Article may affect the agreed objectives and expectations.
Insofar as a fixed amount has been agreed for the provision of services, Kemmer will always inform the Other Party in Writing in advance of the financial consequences of the additional work.

Article 22 - Intellectual property

All intellectual property rights that relate to and/or result from the Agreement executed by Kemmer shall rest with Kemmer. The Other Party only obtains the non-exclusive and non-transferable rights of use expressly granted by these general terms and conditions and the law. Any other or further rights of the Other Party are excluded. This paragraph may be deviated from in Writing.
The documents provided by Kemmer to the Other Party are exclusively intended to be used by the Other Party. The Other Party is not permitted to disclose and/or reproduce information obtained such as scripts in any form whatsoever. This includes processing, selling, making available, distributing and integrating - whether or not after processing - in networks, except that such disclosure and/or reproduction is permitted In Writing by Kemmer and/or such disclosure and/or reproduction arises from the nature of the Agreement with Kemmer.
Kemmer has the right to use the Other Party's name and logo as a reference or for promotion purposes.
The Other Party shall indemnify Kemmer against the claims of Third Parties regarding intellectual property rights.
If Kemmer has copyright on a portrait commissioned by the Other Party, the Other Party shall give Kemmer permission to disclose the work. This publication is therefore not an infringement of the Other Party's portrait right.
If the Other Party acts in violation of this article, the Other Party shall owe an immediately payable penalty in the amount of three times the amount stipulated for that Agreement, without prejudice to Kemmer's right to damages.

Article 23 - Personality rights

Kemmer's name must be clearly mentioned with a used Work, or included in the publication with a reference to the Work, unless the Parties agree otherwise.
When reproducing and publishing a Work, the Other Party will at all times observe Kemmer's personality rights in accordance with article 25(1) of the Copyright Act. Kemmer expressly does not waive its personality rights, unless the Parties have agreed on this in writing.
For each infringement of the personality rights to which Kemmer is entitled under article 25 of the Auteurswet (Dutch Copyright Act), including the right to attribute one's name, the Other Party shall owe an immediately payable compensation of one time the amount stipulated for that Agreement, without losing any right to compensation for the damage suffered (including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs).

Article 24 - Confidentiality

Confidentiality of all confidential information, which the Other Party has obtained from Kemmer in the context of the Agreement, is mandatory for the Other Party. Information is confidential if this has been notified by Kemmer or if this reasonably follows from the nature of the information.
If the Other Party breaches paragraph 1 of this provision, the Other Party will owe Kemmer, irrespective of whether the breach can be attributed to the Other Party and without prior notice of default or court proceedings, an immediately payable penalty of 20,000.- (twenty thousand) euros for each breach without the need for any form of damage without prejudice to Kemmer's other rights, including its right to claim damages in addition to the penalty.

Article 25 - Multiple contractors

If the Other Party wishes to provide the same or similar work performed by Kemmer to several parties, including Kemmer, at the same time, the Other Party must inform all parties accordingly.
If the Other Party has previously given the same assignment to another party and, for whatever reason, wishes to have the assignment performed again by Kemmer, the Other Party must inform which party the assignment was given to and why the Other Party is giving the assignment again.

Article 26 - Applicable law

Agreements between Kemmer and the Other Party, shall exclusively be governed by Dutch law.
Disputes between Parties will be resolved as much as possible through proper consultation. All disputes between the Other Party and Kemmer shall be settled

exclusively by the competent court in the district in which Kemmer has its registered office.

Article 27 - Survival

1. The provisions of these general terms and conditions and the Agreement which purport to retain their validity after the termination of the Agreement shall remain in full force after the termination of the Agreement.

Article 28 - Amendment or supplements

Kemmer is entitled to amend or add to these general terms and conditions unilaterally. In this case, Kemmer will inform the Other Party of the amendments or additions in good time.
There will be at least 30 (thirty) days between this notification and the entry into force of the amended or supplemented terms and conditions.
If the amendment authorises Kemmer to provide a performance that differs substantially from the promised performance, the Consumer shall have the right to refuse the amended terms and conditions or to dissolve the Agreement.

CHAPTER II - EQUIPMENT RENTAL

Article 29 - The equipment

1. Should any clearly visible damage and/or defects be discovered by the Renter to the rented equipment after the conclusion of the rental agreement, the Renter must report this to Kemmer in writing as soon as possible, no later than 24 (twenty-four) hours after delivery, on pain of forfeiture of all rights. All other damage and/or defects must be reported to Kemmer in writing within 7 (seven) days at the latest on pain of forfeiture of all rights.

Article 30 - Lease

The lease price, regardless of whether the rented object is used by the Lessee, shall be the amount stated in the offer plus the VAT to be calculated thereon.
The lease price is inclusive of insurance costs and normal maintenance costs, but exclusive installation and other costs.
Kemmer shall be entitled to change the lease price in the interim, for example in case the insurer's fees change. Kemmer is permitted to pass on increases to the Lessee.
The Lessee shall pay a deposit for the leased item equivalent to the purchase value of the leased item upon entering into the lease.

Article 31 - Instructions for utilisation

The Lessee is obliged to use the leased property properly and by himself in accordance with its purpose.
The Lessee is prohibited from changing or adding anything to the rented property in whole or in part without Kemmer's prior Written consent. Damage caused by Lessee's failure to comply with this provision shall be borne by Lessee.
Lessee shall be obliged to use the Rented Property in such a way that it does not contravene any law, any local ordinance or any other governmental regulation, and also that it does not create the danger that any governmental permit or any governmental exemption will or may be revoked.
The Lessee is prohibited from:
1. Subletting the leased property in full or in part to any Third Party or otherwise
  
  giving it any form of use or co-use or transferring (the lease or use of) the Leased Property to a company or legal entity or offering the Leased Property in full or in part for subletting.
2. Use/commit or otherwise dispose of the rented property or any part thereof as collateral in any way whatsoever towards any Third Party;

Article 32 - State of the leased property

The Lessee declares to accept the rented property in a good state of maintenance and without defects observable by an expert.
At the time of the rental period, the Hirer shall regularly assess the condition of the Lessee.
All damage and maintenance costs resulting from normal wear and tear are for Kemmer's account. All other costs and/or damage, such as for example expenses for maintenance and repair due to careless use of the rented object, are for the Lessee's account.
Lessee shall be obliged to report all damage to the rented object when possible immediately, but at the latest within 2 (two) days In Writing to Kemmer and to follow all instructions in this respect from Kemmer. All repairs and maintenance shall be carried out by Kemmer or Third Parties engaged by it. Lessee may only carry out repairs, replacement of parts and adjustments (or have these carried out) with Kemmer's prior Written consent.
If, after having been given the opportunity to do so, Tenant does not cooperate in the final inspection of the Rented Property or does not cooperate in time or properly, Kemmer shall have the right to carry out the final inspection (or have it carried out) without the presence of Tenant. The result of this will be binding for Lessee.
Subject to any written agreement to the contrary between the parties, Lessee undertakes to keep the leased object in the condition referred to in paragraph 1 of this Article and to make it available again to Kemmer in its original condition at the end of the Lease.

At the end of the rental period, Lessee furthermore agrees to hand over the rented object, cleaned and, if it (also) involves cables, rolled up and without knots, back to Kemmer or to deliver it to a location specified to Lessee in good time by or on behalf of Kemmer or, in the absence of such a specification, to Kemmer's place of business.
If changes to the rented object have been made by Tenant in contravention of agreements made between Tenant and Kemmer, Kemmer will be entitled to claim the costs of removing or undoing these from Tenant. Without prejudice to Kemmer's right to claim compensation from Tenant for Tenant's failure to comply with these obligations incumbent on it, Kemmer shall then have the right, at its own discretion, to leave those changes and/or additions in or on or to the rented object in place and appropriate them or to destroy or remove them itself or have them removed at Tenant's expense. In none of these cases shall the Lessee have any claim to compensation on account of unjust enrichment of Kemmer or any Third Party or any other claim in connection therewith.

Article 33 - Liability of Lessee

Lessee is responsible for everything supplied with the hired item. In the event of loss/theft of any items supplied with the hired item, Lessee will reimburse Kemmer for the costs thereof. This amount will be invoiced at the end of the rental period in addition to the pre-quoted amount.
Lessee shall be liable to Kemmer for all damage to the rented object unless Lessee proves that the damage was caused by normal wear and tear of the rented object.
Insofar as the damage is covered by an insurance policy taken out by the Lessee the Lessee will have to pay the excess for each claim, up to a maximum amount of €5000,-. In the event of failure to pay the excess in time, the amount will be deducted from the security deposit or the amount will be invoiced after. This invoice must be paid within 30 (thirty) days. Thereafter, statutory interest will start to accrue. If, for whatever reason, the insurance refuses coverage, the Lessee shall be fully liable for the damage suffered to the Rented object.
If the damage is caused (partly) by use for which it should reasonably be known that the rented object is not intended, the damage shall be for the full account of the Lessee.
If the damage declaration form is not completed correctly and/or in full by the Renter, expressly including the reverse side of the form, and the insurance company therefore refuses cover, the damage will be for the Lessee's account in full if Kemmer's legal position is disadvantaged in any way as a result.
In the event of damage abroad, the costs of repatriating the rented object shall be borne by Lessee.

Article 34 - Other provisions

In case of loss of one or more items leased by Kemmer, the police must always be notified as soon as possible (no later than within 3 (three) working days). In addition, Kemmer must also be contacted as soon as possible (no later than 3 (three) working days). Subsequently, the official report must be handed over to Kemmer.
If an administrative, civil or criminal attachment is levied by or on behalf of the Tenant on an object leased by Kemmer, the Tenant must fully comply with the obligations under the lease, which means, among other things, that the lease price will also have to be paid. Lessee must also reimburse Kemmer for the full costs arising from the attachment.