General Terms and Conditions AGB

General Terms and Conditions of EVENTWERKER GmbH and its affiliated companies within the meaning of Section 15 of the German Stock Corporation Act (AktG)

- hereinafter referred to as EVENTWERKER –

The general terms and conditions are divided into general conditions (A.) as well as special conditions for the respective types of contracts (B. - G.). The special conditions apply in addition to the general conditions.

A. General Conditions
B. Additional Terms for Contracts for Work and Services/Service Orders
C. Prices & Services
D. Additional Rental Conditions
E. Additional Sales Conditions
F. Additional Terms for the Provision of Sound & Lighting Systems
G. Additional Terms for the Provision of Wi-Fi Access

A. General Conditions

I. Applicability of the Terms and Conditions

These general terms and conditions apply exclusively. Deviating or conflicting terms and conditions will not be recognized by EVENTWERKER unless EVENTWERKER has expressly agreed to them in writing. By placing orders, the customer acknowledges these terms and conditions, even if their own terms and conditions conflict with them. These terms and conditions also apply to all future contracts between the parties, without the need for a further reference to the terms and conditions. If the contract between the parties includes components of different contract types, the relevant provisions of this contract will apply to the respective component. For example, in the case of a combined rental and service contract, the provisions of section C of this contract will apply to the rental part, and the provisions of section D will apply to the service part. Therefore, the provisions of the corresponding contract type apply to each service. In the event of a conflict between the provisions, the provisions of the contract type that constitutes the legal or economic focus will apply.

II. Payment/Offsetting/Right of Retention/Assignment

II. a. Invoices from EVENTWERKER, unless otherwise agreed, are due 14 days after the invoice date and are to be paid without any deductions.

II. b. Only undisputed or legally established claims entitle the customer to offset or withhold payment.

II. c. EVENTWERKER is entitled to assign its claims arising from the existing business relationship.

III. Liability of EVENTWERKER

III. a. EVENTWERKER is fully liable for personal injury (damage to life, body, health) caused by a negligent or intentional breach of duty by EVENTWERKER, its legal representatives, or vicarious agents.

III. b. For property and financial damages resulting from a negligent or intentional breach of essential contractual obligations by EVENTWERKER, its legal representatives, or vicarious agents, EVENTWERKER’s liability is limited to the typical foreseeable damage for that type of contract, but no more than the coverage amount of EVENTWERKER’s liability insurance, which is EUR 10,000,000.00 for property damage and EUR 10,000,000.00 for financial loss. Essential contractual obligations are those that protect the fundamental interests of the customer, i.e., those that the contract is specifically intended to provide, whose fulfillment makes the execution of the contract possible, and upon whose compliance the customer is entitled to rely. The claim for damages due to a breach of essential contractual obligations is limited to the typical foreseeable damage.

III. c. For other property and financial damages resulting from a grossly negligent or intentional breach of duty by EVENTWERKER, its legal representatives, or vicarious agents, EVENTWERKER’s liability is limited to the coverage amount of its liability insurance, which is EUR 50,000,000.00 for property damage and EUR 50,000,000.00 for financial loss.

II. d. Otherwise, EVENTWERKER's liability is excluded. Liability for culpable injury to life, body, or health remains unaffected; this also applies to mandatory liability under the Product Liability Act. The limitation of liability also does not apply if EVENTWERKER has fraudulently concealed a defect or has exceptionally assumed a guarantee of quality or durability, or a procurement risk.

III. e. EVENTWERKER's liability for the transportation and storage of items that are not the property of EVENTWERKER is excluded.

IV. Value Added Tax (VAT)

If EVENTWERKER mistakenly treats a transaction as non-taxable or tax-exempt, even though the transaction is subject to VAT, EVENTWERKER may subsequently demand the actual VAT from the customer once an amended invoice has been issued by EVENTWERKER.

V. Travel Expenses

Travel expenses and disbursements incurred by EVENTWERKER in connection with the execution of the contract are to be reimbursed separately by the customer.

VI. No Offset of the Penalty

A agreed-upon penalty will not be offset against any existing claims for damages by EVENTWERKER.

VII. Copyright Protection

EVENTWERKER agrees to grant the customer limited usage rights to all intellectual property rights arising from the provision of the contractual services, for the duration of the contract, in accordance with the terms and purpose of the contract. These rights include copyrights, neighboring rights, or industrial property rights relating to the offered technical concepts, artistic or technical drawings or graphics (such as light concepts, sound concepts, and sound system layouts), text portions, photographic works or photographs, or data collections. Any use of works or protected objects beyond the immediate purpose of the contract is only permitted if EVENTWERKER has granted explicit written consent. In particular, the customer is not allowed, without written consent from EVENTWERKER, to share, publish, reproduce, or modify the offered technical concept to third parties. For each instance of breach due to fault, the customer agrees to pay a penalty of EUR 5,000.00 to EVENTWERKER. The right of EVENTWERKER to claim a higher compensation remains unaffected.

VIII. Severability Clause, Jurisdiction, Applicable Law

VIII. a Should individual provisions of this agreement, in whole or in part, violate mandatory law or be otherwise invalid or unenforceable, the validity of the remaining provisions shall not be affected. Invalid or unenforceable provisions shall be replaced by those that come closest to achieving the economic purpose intended by the invalid provision.

VIII. b. For all disputes arising from or in connection with the contractual relationship, the court at the location of EVENTWERKER shall have jurisdiction for both parties. The location of EVENTWERKER is in 73110 Hattenhofen.

VIII. c. The law of the Federal Republic of Germany shall apply. The language of the contract is German. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are excluded.

B. Additional Terms for Work Contracts and Conditions for Services / Service Orders

I. Offers and Documentation

I. a. Offers, calculations, plans, drawings, or similar documents may not be copied, altered, or made accessible to third parties by the customer without the consent of EVENTWERKER. If a contract is not concluded, the documents, including copies, must be immediately returned to EVENTWERKER. Corresponding digital documents must be permanently deleted from all drives and storage media.

I. b. Any permits required by authorities or otherwise necessary for the execution of the contract must be obtained by the customer and made available to EVENTWERKER, unless otherwise agreed.

II. Unjustified Complaints of Defects

If EVENTWERKER complies with the customer's request for defect rectification and the customer does not grant access to the property at the agreed time, or it turns out that no defect in EVENTWERKER's performance objectively exists, the customer shall reimburse EVENTWERKER for the incurred expenses. In the absence of an agreement, the local customary rates apply.

III. Suitable Location for Setup

EVENTWERKER is not obligated to verify the suitability of the setup location before the execution of the contract. Therefore, EVENTWERKER is responsible for performing the service at a typical setup location without any difficulties. The customer is responsible for ensuring that the setup location is suitable for the materials to be installed, erected, or assembled by EVENTWERKER. If the setup is delayed due to circumstances not caused by EVENTWERKER, the customer shall bear the additional costs incurred (e.g., waiting times, additional travel for personnel, etc.).

IV. Subcontractors

EVENTWERKER is permitted to commission subcontractors for the provision of services.

V. Authority to Represent

The technicians are not authorized to represent.

VI. Access to the Property

The customer must ensure that the technician(s) are granted access to the site at the agreed time on the execution date; otherwise, they must reimburse the resulting additional costs.

VII. Warranty Rights

The warranty rights of the customer are initially limited to rectification. After a reasonable number of rectification attempts have failed, the customer is entitled to statutory rights, particularly the right to a reduction in price or to rescind the contract. The preceding sentence does not apply if EVENTWERKER unjustifiably refuses or unreasonably delays the rectification, in which case the customer is immediately entitled to statutory rights.

C. Prices & Payments

I. Prices and payment terms will be separately agreed upon for each transaction. EVENTWERKER reserves the right to change the price list at any time and without notice.

II. If an already placed order is canceled within 30 days before the event or installation start date or pickup of rented equipment, a cancellation fee of 25% of the agreed fees is payable.

III. If an already placed order is canceled within 15 days before the event or installation start date or pickup of rented equipment, a cancellation fee of 50% of the agreed fees is payable.

IV. If an already placed order is canceled within 7 days before the event or installation start date or pickup of rented equipment, a cancellation fee of 75% of the agreed fees is payable.

V. If an already placed order is canceled within 3 days before the event or installation start date or pickup of rented equipment, a cancellation fee of 85% of the agreed fees is payable.

VI. In the case of payment arrears by the renter or buyer, EVENTWERKER can charge interest of 9% above the current discount rate of the German Federal Bank without further evidence. Other claims of EVENTWERKER remain unaffected.

VII. The renter may only offset claims or assert a right of retention if they are undisputed or legally established.

D. Additional Rental Terms

I. Cash Deposit

EVENTWERKER is entitled to request a cash deposit of up to 50% of the expected rental fee derived from the rental agreement from the renter prior to the delivery of the rented property, which is to be handed over in exchange for the rented property. The amount of the cash deposit may be adjusted individually. The basis for this is the cash deposit specified in EVENTWERKER's offer. The cash deposit will not accrue interest. EVENTWERKER is not required to keep the cash deposit separate from its own assets. The cash deposit can be made either in cash or via bank transfer and must be handed over to EVENTWERKER before the rented property is delivered. The rented property can only be handed over after the cash deposit has been provided to EVENTWERKER.

II. Transfer to Third Parties and Use Abroad, Return

II. a. The tenant may only transfer the leased item to third parties, either for a fee or free of charge, or take it abroad with the express consent of EVENTWERKER.

II. b. If the tenant continues to use the item after the rental period has expired, the rental agreement will not be extended, even without objection from EVENTWERKER.

III. Compensation for Late Return, Penalty

III. a. If the tenant does not return the rented item after the end of the rental agreement, EVENTWERKER may demand as compensation either the agreed rental fee or the rental fee that is customary for comparable items in the local area for the duration of the withholding. The right of EVENTWERKER to claim a higher damage remains unaffected. During the period of withholding, the tenant is also responsible for any damage to EVENTWERKER, even without fault, resulting from the rented item being deteriorated, lost, or unable to be returned for any other reason.

III. b. In addition to the compensation regulated under C.III.a. of this agreement, the tenant must pay a contractual penalty to EVENTWERKER. The contractual penalty amounts to 20% of the daily rental price per day of withholding. The daily rental price is to be calculated if necessary. The contractual penalty is not credited against the compensation.

IV. Right of Retention

The tenant does not have a right of retention over the rented property after the rental period has expired.

V. Obligations of the Tenant

V a. The tenant must handle the rental property with care. Any instructions from EVENTWERKER regarding the rental property must be followed by the tenant. The rental property may only be assembled and operated by qualified personnel or by individuals instructed by EVENTWERKER.

V. b. The tenant is obliged to protect the rental property from damage or loss (particularly from weather conditions and theft) and to take appropriate measures. This applies both in open and closed spaces, as well as in EVENTWERKER's vehicles and in any other vehicles or transport means.

V. c. If a defect in the rented property becomes apparent during the rental period, the tenant must immediately notify EVENTWERKER of this.

V. d. When renting wireless microphone or other transmission systems in the areas III (VHF), IV, and V (UHF), as well as operational radio equipment, the tenant must ensure that the use of the equipment complies with the applicable regulations of the Federal Network Agency (BNetzA).

VI. Liability of the Tenant

VI. a. The tenant is liable for the loss, destruction, or damage to the rented item (particularly fire and water damage, transport damage, damage during use, and loss of the item), even if no fault is attributable to them. The liability period starts from the moment the rented item is handed over and ends when the item is returned.

VI. b. In case of loss of the rented item, the tenant must compensate the full replacement value. In case of damage to the rented item, the tenant must compensate the replacement value if a repair is impossible or uneconomical.

VI. c. EVENTWERKER is not required to account for any deduction for depreciation when asserting its claim under this contract. The assertion of further damages remains reserved for EVENTWERKER.

VI. d. The renter is obligated to properly and adequately insure the general risks associated with the respective rental item. Upon request, the renter must provide proof of the insurance to EVENTWERKER.

VI. e. The renter may, upon specific request, insure against the risk of damage through EVENTWERKER at their own cost (material insurance). If the paid material insurance is chosen and confirmed in writing by EVENTWERKER, the renter is only liable for damage to the rental item (including fire and water damage, transport damage, damage during use, and loss of the rental item) up to the agreed deductible (C.VIe. of this contract). The renter's liability towards third parties remains unaffected. The possibility of obtaining their own liability insurance for third-party damages is also noted.

VI. f.

The deductible for the material insurance is as follows:

In the event of damage to the rental item due to theft, burglary, robbery, or looting, 25% of the repair costs or the new value, with a maximum of EUR 3,500.00.
In all other cases, 20% of the repair costs or the new value, with a maximum of EUR 1,500.00.

The material insurance does not apply if the renter fails to return the rental item on time for reasons attributable to them, or in the event of a breach of other parts of this contract. The material insurance also does not apply if the renter caused the loss, destruction, or damage to the rental item through gross negligence or intentionally. Therefore, the renter must take protective measures against the loss, destruction, or damage of the rental item during the rental period. The renter bears the burden of proof that the loss, destruction, or damage to the rental item was not caused by gross negligence or intentional actions on their part.

VII. Warranty of EVENTWERKER

VII. a. EVENTWERKER provides warranty in accordance with the statutory provisions, unless otherwise specified below or if individual contractual warranty terms have been agreed upon.

VII. b. EVENTWERKER’s liability for initial defects of the rental object at the time of contract conclusion is excluded, regardless of fault. EVENTWERKER is only liable for initial defects at the time of contract conclusion if EVENTWERKER was at fault for the defect or knew about it. In this case, the renter bears the burden of proof that EVENTWERKER was responsible for the initial defect or that EVENTWERKER was aware of the defect at the time of entering into the rental agreement. This does not affect any claims under section A.III of this agreement.

VIII. Events

If it is agreed between the parties that EVENTWERKER will monitor the functionality of the rented items for an event, EVENTWERKER has the necessary rights to do so. In particular

EVENTWERKER is authorized to shut down or, if necessary, dismantle the system if there is a risk to the physical integrity of the people present, or if, in the case of outdoor events, the system is or could be endangered by weather conditions.
EVENTWERKER may shut down the system if riots or disturbances pose a threat to the system or could potentially do so. If the system is shut down or dismantled due to the above or similar circumstances, the renter is not entitled to claim any type of damages against EVENTWERKER.
If sound systems provided by EVENTWERKER or sound systems provided by third-party suppliers through EVENTWERKER produce levels that could lead to hearing damage for the audience, the event organizer is required, according to DIN 15 905 Part 5, to measure the sound level, prevent any exceeding of the threshold, and document the measurements.

E. Additional Sales Terms

I. Shipping, Packaging

I. a. The shipping of goods is at the buyer's risk and expense, unless otherwise agreed. Insurance against damage and loss will be arranged by EVENTWERKER at the buyer's express request and at the buyer's expense.

I. b. The choice of shipping method is at the discretion of EVENTWERKER.

I. c. Containers and boxes remain the property of EVENTWERKER, unless otherwise agreed, and must be returned at the request of EVENTWERKER at EVENTWERKER's expense after unloading.

II. Reservation of ownership

II. a. The goods sold remain the property of EVENTWERKER until EVENTWERKER's claim has been paid in full.

II. b. EVENTWERKER retains ownership of the delivered goods until all claims, regardless of their legal basis, that EVENTWERKER is entitled to from the business relationship with the buyer are fully paid. Unless otherwise individually agreed, the buyer is not permitted to dispose of the goods until the purchase price has been fully paid to EVENTWERKER. The buyer hereby assigns to EVENTWERKER all claims, including ancillary rights, arising from the resale of the goods, regardless of whether the buyer is allowed to resell the goods in the ordinary course of business before full payment of the purchase price due to an individual agreement, or whether the buyer sells the goods in violation of the prohibition against disposal before full payment. EVENTWERKER accepts the assignment. The assigned claims serve as collateral for all claims arising from the business relationship. The buyer is authorized to collect the assigned claims as long as EVENTWERKER has not revoked this authorization. The authorization to collect ceases without an explicit revocation if the buyer stops making payments. Upon request by EVENTWERKER, the buyer must immediately notify in writing to whom the goods have been resold and what claims arise from the resale, and must, at their own cost, provide publicly notarized documents regarding the assignment of the claims. The buyer is not entitled to make any other dispositions regarding the goods in EVENTWERKER’s ownership or the claims assigned to EVENTWERKER. Any seizures or other legal restrictions on the goods or claims belonging to EVENTWERKER, either in full or in part, must be immediately reported by the buyer to EVENTWERKER. EVENTWERKER is entitled at any time to demand the return of the goods belonging to EVENTWERKER if the buyer falls behind on payments or if their financial situation deteriorates significantly. If EVENTWERKER exercises this right, it only constitutes a withdrawal from the contract if EVENTWERKER expressly declares it. If the value of the collateral provided exceeds EVENTWERKER's claims by more than 10%, EVENTWERKER will release the collateral exceeding the 10% upon the buyer's request, at EVENTWERKER’s discretion.

III. Right of withdrawal

EVENTWERKER is entitled to withdraw from the contract in the event that EVENTWERKER itself is not supplied, is not supplied correctly or is not supplied on time.

IV. Warranty, obligation to inspect and give notice of defects for new goods

EVENTWERKER provides a warranty in accordance with the statutory provisions, unless otherwise specified below. This does not affect any claims under A.III. of this contract. For new goods, §§ 377, 378 HGB apply with the proviso that the complaint must be made within 2 days. This does not apply if EVENTWERKER has fraudulently concealed the defect.

V. Limitation periods for new goods

The limitation period for the buyer's warranty rights is 1 year, unless the buyer's claims are based on a defect in the cases of § 438 para. 1 no. 2 BGB or § 634a para. 1 no. 2 BGB. The limitation period shall commence upon delivery of the goods or upon handover to the shipping company.

VI. Information on properties of new goods

In the case of new goods, all information provided by EVENTWERKER on suitability, processing and application, technical advice and other information is given in good faith, but does not exempt the Buyer from carrying out its own tests and trials.

VII. In the case of new goods, the Buyer's warranty rights are initially limited to replacement delivery and rectification at EVENTWERKER's discretion. It is EVENTWERKER's responsibility to either rectify the defect or arrange for a replacement delivery. Rejected goods may only be returned with the consent of EVENTWERKER. After a reasonable number of attempts to rectify the defect have failed, the Buyer shall be entitled to the statutory rights, in particular the right to reduce the price and to rescind the contract. The above sentence shall not apply if EVENTWERKER refuses to rectify the defect without justification or delays it unreasonably, in which case the Buyer shall be entitled to the statutory rights immediately. If the subsequent delivery or rectification fails, the customer shall be entitled to the statutory rights, in particular the right to a reduction in the purchase price and rescission of the contract. Rejected goods may only be returned with the consent of EVENTWERKER.

VIII. The sale of used goods is subject to the exclusion of all claims for material defects. This shall not affect any claims under A.III. of this contract. The exclusion does not apply in the event of fraudulent concealment of a defect by EVENTWERKER.

F. Additional conditions for the provision of sound and lighting systems

The regulations of DIN 15750 and DIN 15905-05 are an additional part of the contract. The sound systems provided by EVENTWERKER can produce levels that can cause hearing damage to the audience, and lighting systems provided by EVENTWERKER can cause eye damage to the audience. According to DIN 15905-05, the organizer is obliged to measure the level, to prevent the limit value from being exceeded and to record the measurement, as well as to ensure that sufficient safety distance is maintained from lighting systems that are harmful to the eyes. If the customer is not the organizer, he hereby undertakes to inform the organizer of this. It is not part of EVENTWERKER's main or ancillary service obligations to inform the customer about the legal limits and requirements with regard to noise immissions or to advise the customer on these issues, unless otherwise stipulated in the order. Irrespective of this, EVENTWERKER points out that various regulations protecting against noise immissions and sea restrictions must be observed. Furthermore, EVENTWERKER shall comply with any instructions given by the customer in this regard.

G. Additional conditions for the provision of WiFi access

If EVENTWERKER provides the customer with internet or system access via WLAN as per the customer's order, the use of the WLAN is at the customer's own risk and responsibility, particularly regarding the possibility of third-party access to the user's device or infection with harmful software (e.g., viruses or Trojans). The customer is responsible for all security measures (e.g., encryption, antivirus protection, firewall). The customer is responsible for any data transmitted over the WLAN, any paid services used via it, and any legal transactions made through it, and must bear all costs arising from these. The customer is obligated to comply with applicable laws when using the WLAN; in particular, the customer agrees not to use the WLAN to access or distribute illegal, immoral, or otherwise unlawful content; not to illegally reproduce, distribute, make available, or otherwise exploit copyrighted works via the WLAN, such as through the use of file-sharing programs or peer-to-peer networks; to observe applicable youth protection regulations; not to send or disseminate harassing, defamatory, or threatening content; and not to use the WLAN for sending mass messages (spam) and/or other forms of unauthorized advertising. The customer shall indemnify EVENTWERKER from any claims by third parties arising from a violation of the above conditions or the unlawful use of the WLAN by the customer. This includes, in particular, claims arising from data protection, copyright, or other legal disputes related to the customer's use of the WLAN, as well as the associated costs of legal action or defense. If the customer becomes aware of any such legal violation and/or breach, they must immediately inform EVENTWERKER. If the customer provides the WLAN connection provided by EVENTWERKER to third parties, the customer is liable for any violations of this agreement caused by that user, as if they were their own violations.