General Terms of Business (General Terms) of Becker Veranstaltungstechnik GmbH
1 Applicability of the General Terms
1.1 The General Terms of Becker Veranstaltungstechnik GmbH (BEVT) apply exclusively.
1.2 Deviating general terms shall only be accepted if BEVT has expressly agreed to them in writing, even if BEVT executes the contract without reservation being aware of the deviating general terms.
1.3 The General Terms apply only to (a) entrepreneurs within the meaning of § 14 the German Civil Code (BGB), (b) legal persons under public law and special funds under public law.
1.4 The General Terms shall apply to all future business relationships with contractual partners if they have been included in a contract, even if they are not expressly re-agreed for a subsequent contract.
2 Order Placement
The offers of BEVT are non-binding unless otherwise agreed.
3.1 The delivery place shall be the BEVT warehouse in Grevenbroich.
3.2 Goods can be delivered to another destination at the customer’s request and expense.
3.3 BEVT is entitled to determine the type of shipment (transport company, packaging, shipping method, etc.) itself.
3.4 If BEVT fails to meet an agreed delivery or rental deadline, the customer shall be entitled to the statutory rights provided that the customer has dunned BEVT by sending a written notice to perform with a deadline set.
3.5 The liability for damages of BEVT shall be subject to the limitations in clause 8.
Unless otherwise agreed in individual cases, the current prices of BEVT shall apply (the price list is sent on request). All prices are net prices ex Grevenbroich warehouse excluding packaging, which is charged separately, plus the statutory Value Added Tax. Special and additional services requested by the customer, such as alteration or extension of the equipment, are calculated separately on the basis of the current prices of BEVT (the price list is provided on request). For any additional costs/fees incurred in connection with the selected payment method, please refer to section 5.1 below.
5 Terms of Payment / Reservation of Title and Information Duties / Cancellation Compensation
5.1 Payment conditions and default of payment after performance
Invoices shall be payable no later than 5 days after invoicing without deduction. BEVT is entitled to demand advance payments for new customers as well as in the case of special preliminary work. If payment is not made in time, BEVT is entitled to charge a flat reminder fee of €10 for each dunning process. In addition, BEVT is entitled to further statutory claims and rights. The customer shall only be entitled to set-off rights and the right of lien insofar as their claim is legally established or undisputed.
5.2 Reservation of title
The rented equipment as well as all leased materials and accessories shall remain the property of BEVT. In the event of sale, BEVT shall reserve the ownership of the purchased item until full payment of all outstanding amounts arising from the sales contract and any existing ongoing business relationship. If BEVT is the owner of the subject of the contract, the customer is obliged to inform BEVT of any changes to the place of use/location, instances of seizure, freezing, as well as insolvency proceedings or out-of-court settlement proceedings regarding the customer’s assets without delay.
6 Order Cancellations
In the event that the customer cancels their order (rental/project transactions), BEVT is entitled to demand the following damages from the customer, notwithstanding the statutory rights that BEVT may otherwise be entitled to:
- cancellation 20 days or less before the start of production (planned set-up day): 25% of the total order value commissioned by the customer;
- cancellation 10 days or less before the start of production (planned set-up day): 50% of the total order value commissioned by the customer;
- cancellation 3 days before the start of production (planned set-up day): 100% of the total order value commissioned by the customer.
The aforementioned compensation shall be incurred irrespective of whether or not the reason for the cancellation is the responsibility of the customer. The compensation does not apply if the cancellation is due to BEVT and therefore does not result in any claims for indemnity/compensation due to statutory reasons; in this case the claims of the parties shall be governed exclusively by the statutory regulations. With regard to the above-mentioned damages, BEVT reserves the right to provide evidence of a greater damage, and the customer reserves the right to provide evidence of lack of or significantly lesser damage.
7 Responsibilities of the Parties / Guarantee
7.1 Rental (lease by BEVT)
7.1.1 If this is the subject of the order, BEVT shall also be responsible for the proper delivery and/or collection and/or the required installation including the assembly and dismantling of the rented item, in other respects only for the lease ex BEVT warehouse in Grevenbroich.
7.1.2 If the rented item is clearly defective at the conclusion of the contract, the customer can only invoke it if the notice of defect is recorded in writing in the acceptance certificate. If a defect is found in the course of the rental period, the customer must notify BEVT immediately in writing with a precise (and — as far as possible — photographically documented) description of the defect. If the customer fails to notify the claim, they are obliged to compensate for the resulting damage. The customer can only assert claims according to §§ 536, 536a BGB due to limitation and compensation for damages or expenses if BEVT fails to eliminate the limited fitness or unfitness of the subject of the contract after written notification by the customer within a reasonable period of time by means of repair/supplementary performance or replacement delivery. Furthermore, the right to claim damages is subject to the restrictions set out in Section 8.
7.1.3 A sublease of the subject of the contract shall require prior written consent of BEVT.
7.2.1 The customer is obliged to inspect the delivered goods immediately after delivery and to inform BEVT immediately (no later than within two working days following delivery) in writing with a precise (and — as far as possible — photographically documented) description of the defect. Concealed defects must be reported in writing without delay upon becoming known in accordance with the above requirements. Defects which have been reported late, i.e. contrary to the aforementioned obligation, shall not be taken into account and shall be excluded from the guarantee. The customer is required to provide proof that the defect was already present upon delivery.
If the detected defects might cause further damage to the defective product or to endanger other things or persons, the customer must immediately cease use and inform BEVT of the discontinuation of use. A resumption of use shall require prior consent of BEVT. The customer’s own testing and monitoring obligations shall remain unaffected.
7.2.2 In the event of defect, the customer first shall have the right to demand supplementary performance. BEVT shall have the right to choose at its own discretion whether a new item will be delivered or whether the defect will be remedied. In the event of failure, i.e. impossibility, unreasonableness, refusal of or unreasonable delay in the repair or replacement delivery, the buyer may withdraw from the contract or adequately reduce the purchase price. If a defect is due to the fault of BEVT, the customer may demand compensation under the additional conditions specified in Section 8 below.
7.2.3 The guarantee period is one year from delivery. This shall not apply in the event of liability due to loss of life, physical injury or damage to health or in the event of intentional or grossly negligent breaches of duty on the part of the supplier or their agents. In these cases, the statutory limitation periods shall apply.
7.3 Assumption of liability by the customer
7.3.1 Rental (lease by BEVT)
Upon handing over of the rented equipment to the customer and/or their employees or other persons authorized by them, liability for the rented equipment shall be transferred entirely to the customer. The customer must ensure that the equipment rented by them is stored, transported, used and maintained in accordance with the technical requirements of the manufacturers. In order to avoid damage, the rented technical equipment may only be operated by knowledgeable, technically trained personnel. The rented items may only be installed and dismantled within the framework of the technical regulations and exclusively by qualified persons. If items are rented without BEVT personnel, the customer must ensure that all applicable safety guidelines are met, in particular the German accident prevention regulations (Unfallverhütungsvorschriften – UVV) and the guidelines of the German Electrotechnology Federation (Verband Deutscher Elektrotechniker – VDE).
7.3.2 Project transaction (lease and operation by BEVT)
The customer must ensure that the equipment provided by BEVT can be stored and put into operation in a proper, safe, clean and dry manner at the location of their event/production. BEVT may refuse to operate the equipment under improper conditions. Improper conditions are deemed, in particular, such circumstances
– which would result in a breach of legal or regulatory requirements;
– which could jeopardize the safety of persons;
– which could lead to damage to the equipment/products or other items provided by BEVT.
The customer’s payment obligation shall remain unaffected in the event of a justified refusal by BEVT.
7.3.3 General obligations of the customer
During the use of the rented items, the customer must ensure a trouble-free power supply. The customer shall be liable for damages resulting from power failure or power interruptions or fluctuations.
The customer shall be liable for any damage to or loss of rented items during the period from the takeover until the return of the rented items. In the event of damage, compensation shall be paid in the amount of the required repair costs, provided that repair is possible and economically reasonable. Otherwise, this also applies to the loss of a rented item, compensation shall be paid in the amount of the current catalog price.
In principle, the customer is obliged to take care of the surveillance of the rented items and their securing at the site. The customer is exempt from this obligation only for the period of time if and as long as BEVT personnel are present on site, at the location of the rented items in accordance with the contract. If necessary, the customer shall entrust the surveillance of the rented items in open air areas, easily accessible premises, especially event tents, etc., to a commissioned, professional security personnel.
The customer is obliged to properly and adequately insure the risks related to the rented items (loss, theft, damage, civil liability). If BEVT and the customer agree that BEVT assumes the insurance, the customer shall reimburse BEVT for the costs of the insurance. If BEVT does not take over the insurance, the customer must provide sufficient insurance coverage to secure the equipment rented by them and must prove it to BEVT upon request or in the event of an order volume of €10,000.00 upwards without a separate request by presenting a relevant policy. The policy must cover all possible risks to the equipment provided by BEVT, such as theft, vandalism, fire, etc.
8 Limitation of liability of BEVT
8.1 The liability of BEVT for damages, irrespective of the legal grounds, shall be limited in accordance with this clause 8 to the extent that fault is involved.
8.2 BEVT shall not be liable in the case of simple negligence of its management body, legal representatives, employees or other agents, insofar as this is not a breach of essential contractual obligations.
8.3 Insofar as BEVT is liable for damages in accordance with clause 8.2, this liability shall be limited to damages which BEVT foresaw at the conclusion of the contract as a possible consequence of a breach of the contract or which should have been foreseen when applying due care. Indirect damages (in particular loss of profit) and consequential damages resulting from defects in the delivered item are also only compensable insofar as such damages are typically expected when the delivery item is used as intended.
8.4 The above limitations of liability shall not apply to liability due to intentional conduct, for the guaranteed characteristics, due to loss of life, physical injury or damage to health, as well as mandatory liability according to the German Product Liability Act (Produkthaftungsgesetz).
8.5 The customer undertakes to agree on the above limitations of liability in favor of BEVT with its contractual partners (artists, athletes, spectators, etc.) with regard to claims that they could possibly assert against BEVT arising from tortious liability. The customer is obliged to indemnify BEVT from such claims for damages if a third party holds BEVT liable and the customer has failed to comply with their aforementioned obligations.
8.6 All claims for damages against BEVT, irrespective of the legal grounds, shall become statute-barred no later than one year from the delivery of the goods to the customer, in the case of tortious liability from the time of knowledge or gross negligence of the circumstances justifying the claim as well as the person liable for compensation. This shall not affect liability for intent or gross negligence as well as liability for the assumption of a guarantee, fraudulent concealment of a defect, loss of life, physical injury or damage to health as well as liability under the Product Liability Act. In these cases, the statutory limitation periods shall apply.
8.7 If BEVT provides PA systems, the provisions of DIN 15750 and DIN 1590505 shall be considered an additional part of the contract. It is expressly pointed out that the PA systems provided by BEVT can produce sound levels that can cause hearing damage to the audience. According to DIN 1590505, the organizer is obliged to measure the sound level, to prevent exceeding the limit value and to record the measurement. If the customer is not the organizer, they hereby undertake to inform the organizer about this.
It is not part of the main or ancillary service obligations of BEVT to inform the customer about the legal limits and requirements with regard to noise emissions or to advise the customer on these issues unless otherwise stipulated in the order. Nevertheless, BEVT points out that various regulations that protect against noise emissions must be observed.
The contract may be terminated by both parties only for good cause. This shall also apply to agreed additional services. On the part of BEVT, good cause exists especially if:
a) the customer’s economic circumstances have deteriorated substantially, for example if seizure or other enforcement measures are taken against the customer or if insolvency proceedings or out-of-court settlement proceedings are applied for over their assets;
b) the customer uses the rented items in violation of the contract;
c) in the case of a rental fee calculated and payable according to periods of time, the customer is in default with the payment of the rental fee for two consecutive dates or with a total amount equal to the rental fee payable for two dates;
d) the customer is in default with a one-time rental payment and continues to persistently refuse payment despite a written notice to perform and setting a deadline.
If the contractual arrangement stipulates that the customer takes over the rented items at the BEVT warehouse in Grevenbroich, the customer shall return the rented items to the BEVT warehouse in Grevenbroich in complete, orderly and clean condition at the end of the rental period.
The return is only completed when all rental items have been unloaded and registered in the BEVT warehouse. BEVT reserves the right to inspect the rented items in detail even after registration. Receipt without any reservations shall not be deemed to be an approval of the completeness and condition of the rented property returned.
If it becomes apparent to the customer that the agreed rental period will be exceeded, it must inform BEVT of this immediately in writing. The continuation of use shall not lead to an extension of the renting. For each day beyond the agreed rental period, the customer shall pay a compensation for use in the amount of the agreed remuneration per day. This remuneration shall be determined by dividing the originally agreed total price by the days of the originally agreed rental period. Regardless of and in addition to the hereinabove stated, BEVT is entitled to claim compensation from the customer for damages incurred due to the failure to return the rented items on time.
11 Final provisions
Amendments and additions to the contract must be made in writing, expressly also the waiver of this formal requirement.
The place of performance of all obligations arising from this contractual relationship as well as the place of jurisdiction for all disputes arising out of or in connection therewith shall be the registered office of BEVT. The law of the Federal Republic of Germany shall apply to the entire legal relationship between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. If a part of the contract, including these General Terms, should be invalid for legal reasons or become invalid, the remaining part of the contract or the General Terms shall remain valid. In this case, the ineffective part, the ineffective provision shall be replaced by a provision that comes closest to what the parties intended in a legally permissible manner.