General Terms and Conditions (T&C’s) of Business AAE Veranstaltungstechnik GmbH (Ltd.)
This General Terms and Conditions, hereafter referred to as „T&C’s“, are valid for all contracts and accommodation agreements with the company
AAE Veranstaltungstechnik GmbH, hereafter referred to as „company“. Contracts with the company cover mainly selling and renting of light-, sound- & multimedia technique and all its accessories, detailed planning too as well as provision of operation- and qualified-personnel.
The companies T&C’s remain valid even if the contractual partner, hereafter referred to as „client“, is in possession of own T&C’s and the company supplies with knowledge of this T&C’s. Any considerable deviations have to be fixed in writing. Deviations are not limited to amendments with regard to content of the T&C’s and may cover concerned agreements to accept other GTC’s too. If the T&C’s have not been received by the client respectively its merchandiser with the companies quote they will apply to a contract considering that they are well known by the client based on former business relationships.
2. Quotation and conclusion of a contract
Quotations of the company are to be understood always without obligation. They do have a validity of 14 days. The content gets mandatory only upon received order confirmation. Same is valid if the company fulfils a contract without further explanations.
Serious amendments by the company have to be communicated reasonably prior to fulfilment of a contract. Serious amendments e.g. are alteration on prices of more than 7.5/% of the total contract volume or the application of technique which will not result in the planed target of the contractual partners.
3. Commitments of the company AAE Veranstaltungstechnik GmbH
The company declares to fulfil the contract based on the agreed T&C’s.
The company may subcontract to fulfil the commitments to. This should not be in conflict deserving protection of interest of the client. Therefore the company is authorised to substitute arbitrary components in an agreed construction where necessary.
4. Obligation to co-operate by the client
The client obligates to support reasonably all to enable the company to fulfil the contractually fixed target. This includes mainly to provide sufficient power in time on event site and that this can be reached without difficulties by the company.
The client has to inform very in detail about all the local situations especially concerning ambience, power supply and sources of danger. Furthermore client is obligated to organise at the local responsible authorities or corporate bodies all applicable regulations and safety-related information.
The client has to take care reasonably to prevent danger of the companies personnel and suppled technique. In case of damage on companies material the client has to pay the originally actual price of a new replacement.
The client is in charge to provide the necessary space for construction and operation for the companies equipment. The burden of proof, that the client has carried out all necessities to enable the company fulfilling the contract, is on clients side. The company is authorised to ask for a bond.
The client is in charge to pay all fees und dues being relevant for the particular event. This is especially related to fees for GEMA (special fees for copy right in Germany) and power supply.
After the event has finished all material rented by the client has to be returned to the company at the agreed date, time and destination. Delay of more than 30 minutes, apart from acts of nature beyond control (the burden of proof is at clients side), the company may charge 50% of the daily rate for the hired goods in addition to the normal rate. In case of delay for more than one or more days the company will charge the full daily rate for each day in addition. In case of an agreement, that the company is responsible for the material pick up after event the client has to arrange a proper storage of the rented material.
5. Payment conditions
- Payment: 50 % - 15 working days (=3 calendar weeks) bevor the event will start at the latest,
50% on the last event day, latest until 08:00 hours p.m.
Invoices have to be paid latest with the end of the event or when the material has been returned to agreed storage destination.
Is payment overdue, the client is automatically in default. There is no necessity to agree with another due date separately. In this case the company reserves the right to ask for interests which are calculated 7% above the base rate of the ECB starting with the day after due date. Due date normally is mentioned on the official invoice.
6. Warranty of title
Client can’t claim for warranty on bad project performance which is based on information received incomplete or incorrect. This remains valid independent of the information source too. The same applies when client has not fulfilled his obligation to co-operate.
In case of bad performance the company is in debt to do subsequent improvements only. This shall be reasonable for both parties to fulfil the contractually agreed target. The same applies if the contractually target was met with negligible deviations too. Negligible deviations are e.g. minor slip of even starting time, minor modifications on light-, sound- & multimedia technique.
Volume of warranty is limited to be not more than the contract amount. Legal regulations are valid incidentally.
7. Turning back of rented material
Material will be returned in general to the companies storage. If another address shall be used the company will inform client in due time. This will normally being communicated with signing the contract or latest on companies order confirmation. Costs for this transport are on clients side limited to the agreed destination only. Saved costs remain on clients side. Renting period will not be extended thereby.
The client has to inform the company about the transfer of rented material to a 3rd party (name + destination). This applies too, if material will not reach the agreed destination when shipped back after event has finished.
Client has to ensure, that the rented material will be returned in the same condition as it has been received.
Efforts to bring material in this condition, repair-tasks or cleaning will be charged on expense after returned material has been checked at the companies storage or at partners workshop.
8. Address of companies storage: Karpfham Bahnhof 2, D - 94094 Rotthalmünster
9. Compensation for damages
The company will grant compensation for damages if those have been result of gross carelessness deliberately only.
Compensation is limited to be not more than the contractual amount.
In case of delayed information which results in damage, compensation can’t be granted. The same is valid if obligation to co-operate has not been realised.
Client is liable for all damages caused by not fulfilling his contractual main and secondary responsibilities. This applies independent if clients negligence has happened or not. Apart from that, the legal provisions regarding damage claims are applicable.
10. Force majeure
If force majeure makes the fulfilment of the contract impossible, both parties may withdraw from the contract.
The company reserves the right to charge services performed demonstrably up to the event date independent from its cancellation. If the event is prohibited ex officio in this was unforeseeable for the client the same applies as in case of force majeure. The burden of proof thereabout is at clients side.
11. Termination/Cancellation by client (even partially)
Will client terminate/cancel a contract because of reasons not due to the company, or declare the company the termination or cancellation of a contract because of reasons he is responsible for, the company is entitled to charge the following:
50 % of contract value up to 21 days before the event takes place,
80 % of contract value up to 7 days before the event takes place,
90 % of contract value up to 4 days before the event takes place,
as well as full of contract value if termination/cancellation follows later.
The company understands the event date when material or personal is planned to arrive at the event place.
The date of cancellation shall be determined by the date on which the company receives the written notice of termination/cancellation.
Client is obliged to pay the full contract value too when event is terminated, aborted or shortened because of reasons not due to the company.
This will also apply when an authorisation is not available, bad weather, cancellation by artist, lacking audience interest or similar reasons.
If contract covers series of events and they will be carried out partially only the company is allowed to request a refund for discounts granted.
Regardless of whether events are carried out with other parties or not.
12. Data storage
According § 28 of the German Federal Data Protection Act (BDSG) we particularly emphasize, that contractually necessary data are handled and stored with a computer system in accordance to § 33 (BDSG). Personal data will be handled confidentially.
13. Rights of use
The company reserves the right, and this free of charge, to use visual material from the various events for its web presence. The company is allowed to mention on this web side the event location, event date and all the protagonists. The same is valid for event names and common abbreviations.
14. Validity of German law
The contractual relationships are exclusively subject to German law.
15. Final provisions
Local court of fulfilment and sole court of jurisdiction for all disputes arising from contracts with the company is Passau.
Single clauses which may not be valid do not influence the other one remaining applicable. For invalid clauses legal regulations are applicable.