(rough translation only, czech version is actual and with priority)

issued in compliance with the provision of Section 63 Act no. 127/2005 Coll., on Electronic Communications (hereafter as “AoEC”), Act no. 284/2009 Coll., on Payment Contact, and Act no. 89/2012 Coll., Civil Code, as amended and effective from 10/06/2015.

I. Subject Matter of the Lease

The leasor declares that he/she is the exclusive owner or the exclusive leasor of all leased things offered on www.biofilms.cz

II.

1. In the Lease Contract, the leasor undertakes to let the leasee use the movable property for a definite period of time, and the leasee undertakes to pay the lease fee to the leasor according to the appropriate price list as shown on the website www.biofilms.cz.

 

2. The leasor declares that no legal or real defects of the subject matter of the lease exist that could obstruct the lease.

III.

1. The Contract duration has been negotiated for the period of time specified in the Lease Contract.

2. Participants are entitled to withdraw from the Contract for reasons of serious breach of the contractual terms by the second party.

IV. Rent and Deposit

1. The leasee undertakes to pay rent to the leasor according to the price list as shown on the website www.biofilms.cz for each day of the rent duration, unless specified otherwise in the Annex to the Contract.

2. The leasee is obliged to advance funds (security deposit) - of an amount agreed to by the contracting parties to cover all possible damage caused by the leasee - on the day of signing the Contract. It is calculated by the leasor on the basis of the value of ordered goods (up to its value), previous cooperation, references of the leasee and the legal status (freelancer / independently gainfully employed / limited liability company / joint stock company). The security deposit is used as an advance sum to pay for the lease period and as a counter value for the lent technology. After return of the rented goods, the security deposit minus the value of the rent is returned to the leasee. If damage to the rented equipment has occurred, the security deposit is used for the full payment of possible repairs.

V. Duties of the leasor

1. The leasor hands over to the leasee the subject matter of the lease on the day and hour stated in the valid order created via the form on the web pages www.biofilms.cz.

2. The leasor checks, prior to the handover of the subject matter of the lease to the leasee, whether the subject matter of the lease is suitable for its common use.

3. The leasor does not bear any responsibility for the damage caused by any unprofessional manipulation and inappropriate treatment of the subject of lease.

VI. Duties of the leasee

1. The leasee is not allowed to give the subject matter of the lease to a third person for their use, and is not allowed to sublease it.

2. The leasee undertakes to use the subject matter of the lease for its usual purposes. The subject matter of the lease cannot be pledged.

3. The leasee is entitled to use the subject matter of the lease outside the territory of the Czech Republic only with the previous written consent of the leasor.

4. By taking over the subject matter of the lease the leasee agrees that the leasor is not responsible for damages caused by the subject matter of the lease in the course of the rent period. The leasee bears responsibility for any possible consequences connected with the unprofessional manipulation and inappropriate treatment of the subject of lease.

5. The leasee takes it into consideration that the leasor is not responsible for the data stored on recording devices. The leasor is also not responsible for the damages and costs incurred due to the error or failure of the subject matter of the lease. The leasee is therefore advised to backup the data timely and sufficiently to prevent the risk of the aforementioned damages.

6. The leasee undertakes that, in case the subject matter of the lease has been damaged, he/she shall return in the condition not contradicting the guarantee terms of the producer of the subject matter of the lease. In the contrary case the leasee is obliged to pay the price of the subject matter of the lease whose guarantee claim cannot be asserted in full.

7. After the lapse of the rent period the leasee undertakes to hand over the subject matter of the lease to the leasor in the premises of the leasor or a different negotiated place on the day and hour given in the order at the latest. The leasee undertakes to hand over the subject matter of the lease in the same condition as it was at the time of its takeover from the leasor, allowing for usual wear and tear. The leasee is obliged to compensate the leasor for any damage caused to the subject matter of the lease that exceeds usual wear and tear.

8. If the leasee is in arrears with the return of the subject matter of the lease, the leasee is obliged to pay the negotiated daily rent. The leasee is also obliged to pay a one-time contractual fine to the leasor amounting to 8,000 CZK and also 15% of the negotiated daily rent for each day of delay.

9. The leasee is responsible – upon the takeover of the subject matter of the lease – for the possible damage, destruction and theft of the subject matter of the lease until the subject matter of the lease is returned to the leasor.

10. The leasee is obliged to report any defect of the subject matter of the lease immediately to the leasor. Claimed defects asserted later will not be taken into consideration and the leasee will not be entitled to a rental discount.

11. The leasee takes into consideration that the leasor bears no responsibility for possible damages caused to the leasee due to insufficiently charged batteries of the subject matter of the lease.

12. The leasor is also not responsible for damages caused to the leasee due to the inoperability of the delivered data cables since it is the duty of the leasee to check them upon the takeover of the subject matter of the lease from the leasor, pursuant to Article VII of these Contractual Terms.

VII.

1. The leasee is obliged to check upon takeover, the condition of the parts and accessories of the subject matter of the lease. If any defects of the subject of the lease occur, the leasee shall object to it immediately, informing the leasor upon the takeover of the subject matter of the lease. By failing to fulfill this duty, the leasee loses the right to object to the defect of the subject matter of the lease, unless it is a hidden defect that could not be detected by a normal inspection. A defect means especially that the subject matter of the lease is inoperable or that there is the wrong type or number of items.

2. The leasee declares that he/she agrees to pick up and return the subject matter of the lease according to the data specified in the order. It is not possible to ensure the availability of the subject matter of the lease outside of the agreed rental period.

3. If the order is cancelled or changed less than 24 hours before the agreed time of pick up, the leasee agrees to pay a cancellation fee amounting to a one-day rent.

VIII. Night Safe

1. If the leasee uses the night safe, he/she agrees that, in this case, the order cannot be changed outside the office hours of the studio as detailed on www.biofilms.cz.

2. The leasee also takes into consideration the fact that missing, or inoperable parts of the subject matter of the lease, can only be objected to during office hours, on the following day, in the studio of the leasor.

3. If any defect of the subject matter of the lease occurs, the leasee is obliged to report this defect immediately – on the following working day, after the pick-up of the subject matter of the lease from the night safe. By failing to fulfill this duty, the leasee loses the right to object to the defect, unless it is a hidden defect that could not be detected by a normal inspection. A defect means especially that the subject matter of the lease is inoperable or that there is the wrong type or number of items.

IX. Insurance

All insurance of the subject matter of the lease is to be provided by the leasee. If any insurance claims appear, the leasee undertakes to satisfy the leasor using the provided payment of the insurance claim. The leasee is advised to insure the subject matter of the lease against damage, destruction, theft or damage caused by its use or failure. Damage, destruction, theft or a other damage done to the subject matter of the lease, which is not covered by the insurance arranged by the leasee, does not release the leasee from the duty to compensate the leasor for the damage.

 

X. Liability of the Ordering Party

If the person of the ordering party (the person concluding the Contract on Lease with the leasor) is different from the invoiced person, the ordering party guarantees the payment of the due rent that has not been paid even after a written request by the ordering party to the invoiced person to pay.

XI. Final Provisions

The contracting parties declare that they have read the text of the Contract thoroughly, agree with its content, and the Contract has been concluded in their true, free, and serious will, not under duress or under conspicuously disadvantageous conditions.