General Terms and Conditions

1. Scope

(1) These General Terms and Conditions apply exclusively in relation to enterprises, artificial persons, or special funds under public law Section 310 (1) BGB [German Civil Code].

(2) The following terms and conditions form the basis for and are an integral part of all order relationships and transactions of Billmann Event GmbH (referred to hereinafter as “BE”) and its partners.

(3) These GTCs apply to the exclusion of all other terms and conditions. Deviations are not recognized unless they have been confirmed in writing.

(4) These GTCs also apply to all future contracts between the two parties without need of a renewed reference to the GTCs.

(5) Different General Terms and Conditions of contract partners are valid only insofar as Billmann Event GmbH acknowledges them in writing.

 

1. Conclusion of contract

(1) Every order is based on an offer submitted by the contractor. Offers are subject to change as a general rule.

(2) Unless otherwise agreed, offers are valid for two weeks after offer submission.

(3) Billmann Event GmbH is only bound by an order if it has been confirmed in writing or execution has begun (commencement of preparatory measures, e.g. ordering of goods, etc.).

(4) At the request of BE, the purchaser shall be obligated itself to confirm in writing the written confirmation of the order by BE. If the purchaser does not submit this declaration to BE within five workdays of receipt of the corresponding request, BE shall no longer be bound by the order.

(5) If the offer or order confirmation is based on technical information of the purchaser (graphs, drawings or the like, the offer shall only be binding if the order can be executed in accordance with the technical specifications of the purchaser. If it is determined after conclusion of the contract that the order cannot be executed in accordance with the specifications of the purchaser, BE shall be entitled to rescind the contract if and insofar as the purchaser is not willing to accept the proposed substitute solution and assume any additional costs to be incurred. In case of contract rescission for which BE is not at fault, BE shall be entitled to demand payment of 15% of the net order sum by the client as liquidated damages. The purchaser shall be at liberty to prove that a lesser loss was incurred. In this case, the purchaser shall only be required to pay the proven smaller amount. Assertion of a claim to payment of a higher amount than that of the liquidated damages is not excluded.

(6) If samples are present prior to issuance of the order, they shall be deemed to be non-binding test or inspection samples. If an order is not issued, these samples may be charged to the purchaser. The same applies to freight costs, shipping costs, or other ancillary costs.

 

III. Delivery, scheduling and default

(1) The scope of performance is determined by the written offer and order confirmation. Side agreements and modifications must be confirmed in writing.

(2) Partial deliveries are authorized to a reasonable extent.

(3) Delivery dates always represent the best possible estimate but are not generally binding. Commencement of the period of performance (dispatch of the order confirmation) and compliance with delivery and/or service deadlines are contingent on the timely and proper performance by the purchaser of the cooperation acts required of it, the provision of all documents to be provided by it, and payment of any agreed down payments. If the ordered goods are consigned to a freight forwarder, the date of consignment shall be deemed to be the date of delivery or performance.

(4) Enclosed documents such as drawings and specifications of weights and dimensions shall only be approximate unless they are expressly labelled as obligatory. The purchaser is obligated to again review all dimensions and circumstances immediately on location and point out any deviations.

(5) If delivery on call is agreed, the purchaser shall be obligated to accept the entire ordered delivery or service within a reasonable period of time, but not later than three months after the agreement of a call order. Any higher cost resulting from postponement or delay may be charged.

(6) If performance is delayed by measures of force majeure such as labor disputes, strikes, lock-outs or other events in Germany and abroad for which we are not responsible, the delivery or service period shall be appropriately extended by the duration of the disruption and its after-effects. If the event of force majeure makes performance permanently impossible, we shall be entitled to rescind the contract. In that case, we shall not be responsible for the grounds of force majeure even if they arise during an already existing period of delay for which we are not at fault. Such impediments shall be notified to the customer immediately. Additional costs such as costs incurred as a result of sudden exceptions such as from the postponement of events may be charged.

(7) We shall not be in default as a result of delays in the provision of services even if we or our vicarious agents are guilty of only slight negligence. BE shall not be in default in cases of force majeure or other circumstances that occur through no fault of our own, or other unusual circumstances.

(8) If BE is in default, the purchaser shall be entitled to claim payment of its proven default loss. In cases of slight negligence, loss compensation shall be limited to 0.5% of the value of the full delivery for each full week of default, but in total to 5% of the value of the full delivery.

(9) In the event of delayed performance on the part of Billmann Event GmbH, the purchaser shall be entitled to set a reasonable grace period for performance. After fruitless expiration of this grace period, it shall be entitled to rescind the contract. In the event of culpable behavior on the part of BE, the purchaser may demand compensation of damage or loss instead of performance. In cases of slight negligence, the compensation of damage or loss shall be limited in accordance with the foregoing paragraph.

(10) If advance performance is obligatory under the concluded contract, BE shall be entitled to refuse its performance if it becomes apparent after conclusion of the contract that the claim to consideration is threatened by the inadequate performance capability to perform of the other party. This shall particularly be the case if the consideration to which we are entitled is threatened by poor financial condition or if other obstacles to performance such as export or import prohibitions, war events, breakdowns of suppliers or the like are imminent.

 

1. Pricing

(1) Prices are stated ex-stock in Nuremberg or Berlin and net of shipping costs and the statutory value-added tax. Price changes at short notice are expressly reserved.

(2) Payment claims shall be due and payable without deduction upon completion of the delivery or service or provision insofar as no separate agreements have been made.

(3) Billmann Event GmbH reserves the right to demand down payments.

(4) Advance payment equal to 100% of the order shall be charged for the first order of new customers.

(5) No guarantee of any kind is granted or provided for advance payments.

(6) Shipping is at the cost of the contractor, as a general rule.

(7) If the client is in default of payments, BE shall be entitled to rescind the contract and demand compensation of damage or loss and shall be entitled to charge interest at the average bank rates for current account overdraft facilities for the duration of the period of default.

 

1. Copyright protection

(1) The customer shall receive rights of use to all copyrights for a period of time limited to the term of the contract. Use beyond this time is not permitted without written consent.

(2) Transfer to third parties is not permitted.

 

1. Liability and warranty

(1) The renter is liable for loss of damage during use, including fire damage, water damage, transport damage, or loss or damage in transport.

(2) In case of loss, the renter shall be obligated to pay the reinstatement value. In case of damage, the renter shall be required to pay the reinstatement value if repair is not possible or would be uneconomical.

(3) BE is liable for the functional condition of the rented property only at the time of transfer of risk. Liability for property damage and personal injury that could result from the use of the rented property is excluded.

 

VII. Rent

(1) The renter shall be required to treat the rented property with care.

(2) The renter shall be obligated to protect the rented property against damage or loss (weather, theft or the like) and take suitable measures.

(3) BE must be informed immediately of any defects that appear during the rental period. In this case, BE shall be given the opportunity to rectify the defect or replace it with another, equivalent rental property.

(4) The renter shall be obligated to indemnify BE for third-party claims asserted against BE on the occasion of or in relation to the use of the rented property. The indemnity claim shall also include the costs incurred for defending against third-party claims.

(5) The renter shall have no right of retention.

 

VIII. Cancellation

If the rental agreement is cancelled for any reason whatsoever, Billmann Event GmbH may demand cancellation costs without proof of loss or damage in the following amounts expressed as percentages of the order value:

- Up to 30 days before rental start: 40% of the order value

- Up to 14 days before rental start: 60% of the order value

- Up to 8 days before rental start: 75% of the order value

- Up to 5 days before rental start: 90% of the order value

- Up to 3 days before rental start: 100% of the order value

 

1. Concluding provisions

(1) The law of the Federal Republic of Germany applies.

(2) The contractual and negotiation language is German.

(3) The place of jurisdiction and venue is Nuremberg.

(4) If a provision of the foregoing terms and conditions is invalid, the validity of all other provisions or agreement shall not be affected.

(5) No oral side agreements have been made. Amendments of these provisions must be made in written form.

 

Status: January 2020