General terms and conditions
Please keep in mind that this is only a translation of our German AGB which are legally binding. The following text is only for informational purposes!
1. Scope of application
1.1. Our offers, adjustments, contracts, deliveries and services are made on the basis of these GTC. Differing agreements, additions or agreements for the execution of the contract shall only apply if they are confirmed by us in writing.
1.2. With the order, the signing of the delivery note or at the latest the receipt of the goods or services, these conditions are deemed accepted.
1.3. Reference or counter-confirmation by the contractual partner with reference to his terms and conditions is hereby expressly contradicted.
2. Offers and conclusion of contracts
2.1. Our offers are subject to change and non-binding, unless they contain a declaration to the contrary. Specially elaborated offers on request remain valid for 30 days.
2.2. Declarations of acceptance, orders or collateral agreements require our written confirmation in order to be legally effective. The confirmation is deemed to have been issued if we do not refuse acceptance within four weeks of receipt of the order.
2.3. The information and data contained in brochures or other documents are non-binding, unless they are expressly designated as binding in the order confirmation.
2.4. Our client is obliged to provide us with the information in a timely manner in such a way that it enables the order to be executed properly within the agreed time frame.
2.5. This information can be: floor plans, technical plans and drawings, seating plans, escape and rescue route plans, stage and sound systems, lighting plans, energy requirements, material lists.
2.6. The provision of information also includes the notification of the timing of the planned event as well as the necessary working hours.
2.7. If employees of the client or employees of third parties are made available to us for planning or carrying out the order, we are not obliged to monitor the statutory working time and occupational safety regulations without special agreement. We reserve the right to refuse cooperation with the personnel provided by the client.
2.8. The client is obliged to inform us in good time about special hazards and risks at the place of use before our work begins.
2.9. Material of any kind provided to us by the customer must be in the state that it complies with the legal rules, minimum technical requirements, and accordingly the current state of the art.
3. Prices, payments and payment obligations
3.1. Unless otherwise stated, the prices are exclusive of the statutory value added tax valid at the time of invoicing. Additional deliveries and services will be invoiced separately.
3.2. Unless otherwise stated, we are bound by the prices contained in our offers for 30 days from their date.
3.3. Payment is made regularly by cash on delivery. Unless otherwise agreed, the invoices are due without deduction within 7 days of invoicing.
3.4. We expressly reserve the right to reject cheques or bills of exchange, acceptance is only on account of payment, discount and bill of exchange expenses are at the expense of the contractual partner and are due immediately.
3.5. If the contractual partner does not meet his payment obligations or if we become aware of the objective lack of creditworthiness of the contractual partner, we are entitled to make the entire remaining debt due, even if we have accepted cheques, bank direct debits or bills of exchange, or to withdraw from the contract. In this case, we are also entitled to demand advance payments or security.
3.6. All payments must be made directly to us. Representatives are not entitled to receive money or other means of payment without our written authorization.
4. Late payment
In the event of default in payment, default interest in the amount of 3% above the respective discount rate of the Deutsche Bundesbank or in the amount of the bank interest charged to us must be paid subject to proof of lower burdens. The assertion of further damage caused by delay is not excluded. With the time of default in payment, all further invoices become due and we are entitled to withdraw from further orders, unless immediate payment of the invoice takes place. Cheques and bank transfers only have debt-exemptive effect on the day on which the credit note notification is received.
5.1. Services of the lessee
5.1.1. The venue will be made available to our technicians for assembly and dismantling in accordance with the contract. Changes to the deadline necessary for the fulfillment of the contract on the part of the lessor can be agreed by telephone at short notice.
5.1.2. Before arrival of the technicians, the organizer must provide sufficient lighting, free access and truck access to the stage ramp or the final loading area of the venue as well as access and parking permits as required.
5.1.3. Any GEMA fees shall be paid by the organizer. The organizer takes care of catering for our staff otherwise will be charged the expense rate valid at the time of the event.
5.1.4. The lessee assigns to us all claims arising from a damage event up to the amount of the market value of the rented equipment against third parties.
5.2. Terms of delivery and impossibility of performance
5.2.1. If the lessee wishes to transport technical equipment to the venue and the equipment is damaged by an accident or force majeure delays or prevents the transport, the lessor is released from his contractual obligation, unless the technicians are guilty of intent or gross negligence.
5.2.2. The lessor retains the right to the consideration if the event cannot be carried out in accordance with the contract due to technical defects, in particular defective electricity supply. Likewise, the lessor retains the right to the consideration if the technical equipment is damaged, unless the technicians are guilty of intent or gross negligence. In this case, the lessor is released from his contractual obligation.
5.3. Liability of the lessee
5.3.1. During the rental period, the lessee is liable for any theft, transport damage, willful damage and damage to use, including by third parties, up to the amount of the new value of the equipment. Any damage that may have occurred must be reported to the lessor immediately.
5.3.2. When renting wireless microphone systems, the lessee is obliged to comply with the specifications of the Federal Network Agency (Bundesnetzagentur). In the event of non-compliance, the lessee is liable for all damages incurred.
5.3.3. If the agreed rental period is exceeded, the lessor must be informed immediately. The lessee pays 120% of the agreed daily rental price for each day of the rental exceedance started, as well as the costs incurred by the lessor as a result of the exceedance.
A termination of the contract can only be made in writing. Depending on the period of termination between the placing of the order and the provision of material, personnel and transport, the customer must pay a rental default fee:
3 weeks before the start of the order: 30% of the total rental price
2 weeks before the start of the order: 50% of the total rental price
1 week before the start of the order: 80% of the total rental price
5 days before the start of the order: 100% of the total rental price
5.5. Return of rental equipment
The lessor does not immediately confirm that the rental equipment has been taken back without defects, he reserves the right to check the material accordingly.
5.6. Method of payment
Rental equipment up to Euro 150,- is available from the lessee at the time of collection or Delivery to be paid in cash. Higher amounts are to be paid 7 days after receipt of the invoice and without deductions. Differing payment terms must be in writing.
6.1. Prices and payment conditions
6.1.1. Unless otherwise agreed, the prices are ex warehouse Königswinter. A shipment fee applies and is charged to the buyer, along with a packaging surcharge.
6.1.2. If there are more than six months between the conclusion of the contract and the agreed and/or actual delivery date, the prices of the seller valid at the time of delivery or provision shall apply.
6.1.3. In the event of non-performance of the contract by the buyer or withdrawal from the contract on the part of the seller in accordance with § 455 BGB, the seller is entitled to demand 20% of the purchase price plus the respectively valid VAT plus packaging and freight incurred as well as return freight costs. The contracting parties are free to prove higher or less damage in individual cases.
6.2. Type of delivery, transfer of risk, liability, transport insurance
6.2.1. If the buyer did not determine a delivery method at the time of conclusion of the contract, this is done at the reasonable discretion of the seller.
6.2.2. The risk passes to the buyer as soon as the shipment has been handed over to the person performing the transport or has left the seller’s warehouse for shipment.
6.2.3. If dispatch is delayed at the request of the buyer or if he does not accept the goods, the risk passes to the buyer upon notification of readiness for shipment. A new notification of readiness for dispatch is not necessary if the buyer has seriously refused to accept the goods delivered by cash on delivery or otherwise.
6.2.4. The seller is entitled, but not obliged, to insure deliveries in the name and for the account of the buyer.
6.3. Delivery and performance time
6.3.1. If the seller is in default, the buyer can withdraw from the contract or claim damages for non-performance in accordance with the following provisions.
6.3.2. The duration of the grace period to be set by the buyer is fixed at six weeks, which begins with the receipt of the grace period set by the seller.
6.3.3. The seller is entitled to partial deliveries and partial services.
6.4. Warranty and liability
6.4.1. If the delivery item is defective or lacks assured properties or if it becomes defective by manufacturing or material defects within the warranty period, the seller delivers replacement or improves at his discretion to the exclusion of other warranty claims of the buyer. Multiple improvements are allowed.
6.4.2. The warranty period is six months and begins on the date of delivery.
6.4.3. The buyer must inspect the shipment immediately upon arrival for transport damage and inform the seller of any damage or loss immediately by notifying the carrier or by writing insurance, which must be signed by two witnesses and by the customer. Otherwise, obvious defects must be notified to the seller in writing immediately, but at the latest within one week from delivery. The defective delivery items are to be kept ready for inspection by the seller in the condition in which they were at the time the defect was discovered. A breach of the above obligations excludes any warranty claims against the seller.
6.4.4. If the seller’s operating or maintenance instructions are not followed, changes are made to the products, parts are replaced or consumables are used that do not meet the original specifications, or if the original fluid is not used for fog machines, any warranty is waived.
6.4.5. In the event that the products do not meet the warranty and this has been communicated in good time, the seller may choose that the defective part or device will be sent to the seller for repair or the buyer keeps the defective part or device ready, and a service technician from the seller will carry out the repairs at the buyer’s premises.
6.4.6. If the rectification fails after a reasonable period of time, the buyer may, at his discretion, demand conversion or reduction.
6.4.7. Liability for normal wear and tear is excluded. The above regulations do not apply to used devices that are delivered without any warranty.
6.4.8. The seller is available to the buyer to the best of his knowledge to provide information and advice on the use of his products. However, he is only liable in accordance with the following paragraph if a special fee has been agreed for this.
6.4.9. Claims for damages by the buyer are excluded, unless the damage was caused intentionally or through gross negligence. This does not apply to claims for damages arising from property assurance, which are intended to protect the buyer against the risk of consequential damage caused by defects.
6.4.10. The above limitation of liability does not apply if the Product Liability Act applies
6.5. Reservation of title
6.5.1. Until the fulfillment of all claims (including all balance claims from current account) to which the seller is entitled now or in the future for any legal reason against the buyer, the seller is granted the following securities, which he will release upon request of his choice, insofar as their value exceeds the claims sustainably by more than 20%.
6.5.2. The goods remain the property of the seller. Processing or transformation is always carried out for the seller as a manufacturer, but without obligation for him. If the seller’s property expires by connection, it is already agreed that the buyer’s ownership of the uniform item passes to the seller in proportion to the value (invoice value). The buyer shall store the property of the seller free of charge. As a precaution, the goods delivered to the buyer by the seller are also transferred as security, the handover is replaced by the fact that the buyer stores these items free of charge for the seller.
6.5.3. The buyer is entitled to process and sell the reserved goods in the ordinary course of business, as long as he is not in default. Pledging or transfer by way of security are not permitted in any case. As a precaution, the buyer hereby assigns all claims arising from the resale or any other legal reason (including all current account balance claims) to the seller in full.
The seller revocably authorizes him to collect the claims assigned to the seller for his account in his own name. This direct debit authorization can only be revoked if the buyer does not properly meet his payment obligations.
6.5.4. In the event of access by third parties to the reserved goods, the buyer will point out the property of the seller and notify him immediately.
6.5.5. In the event of breach of contract or default of the buyer, the seller is entitled to take back the reserved goods or, if necessary, to demand assignment of the buyer’s surrender claims against third parties. The withdrawal and attachment of the reserved goods by the buyer – unless the Payment Act applies – does not constitute a withdrawal from the contract.
7. Place of jurisdiction and validity
The place of jurisdiction of G.E.T. Green Event Technology Süd GmbH is Munich. The place of jurisdiction of G.E.T. Green Event Technology Bonn GmbH is Bonn.
The possible invalidity of one or more provisions shall not affect the validity of the remaining provisions.