General Terms and Conditions

Terms and Conditions of Billmann Event GmbH for Rental and Event Management as well as Sales and Installation

I. Scope

(1) These general terms and conditions apply exclusively to companies, legal entities, or special funds under public law as set out in Section 310 (1) of the German Civil Code (BGB).

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

(3) These GTC apply exclusively and without exception. Deviations will not be recognized unless they have been confirmed in writing.

(4) The General Terms and Conditions also apply to all future contracts between the two parties without the need for renewed reference to the General Terms and Conditions.

(5) Deviating terms and conditions of contractual partners are only valid if Billmann Event GmbH acknowledges them in writing.

II. Conclusion of contract

(1) An order is placed on the basis of an offer submitted by the contractor. Offers are generally subject to change.

(2) Unless otherwise agreed, offers are valid for two weeks from the date of submission.

(3) BE is only bound to an order once it has been confirmed in writing or once execution (start of preparatory measures, e.g., ordering of goods, etc.) has begun.

(4) At the request of BE, the customer is obliged to confirm the written acceptance of their order with BE in writing. If the customer does not submit this declaration within five working days of receiving the corresponding request, BE is no longer bound by the order.

(5) If the offer or order confirmation is based on technical information provided by the customer (graphics, drawings, etc.), the offer shall only be binding if the order can be executed in accordance with the customer's technical specifications. If, after conclusion of the contract, it transpires that the order cannot be carried out in accordance with the customer's specifications, BE shall be entitled to withdraw from the contract if and to the extent that the customer is not prepared to accept the proposed alternative solution and to bear any additional costs that may arise. In the event of such a withdrawal from the contract for which BE is not responsible, BE shall be entitled to demand 15% of the net order amount from the customer as lump-sum compensation. The customer shall remain free to prove that less damage has been incurred. In this case, the customer shall only pay the proven lower amount. The assertion of a higher amount than the lump-sum compensation is not excluded.

(6) Samples submitted at the time the order is placed shall be considered non-binding examples or testing prototypes. If an order is not placed, these samples may be invoiced to the customer. The same applies to any transport, shipping, or other ancillary costs incurred.

III. Delivery, scheduling, and delay

(1) The written offer or order confirmation is decisive for the scope of the service. Ancillary agreements and changes require written confirmation.

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

(3) Delivery dates always represent the best possible information, but are generally non-binding. The start of the service period (dispatch of the order confirmation) and compliance with delivery/service dates require that the customer performs the cooperation obligations incumbent upon them in a timely and proper manner, provides all necessary documents, and makes any agreed advance payments. If the ordered goods are handed over to a transport person, the date of handover shall be deemed the date of delivery or provision of service.

(4) The enclosed documents, such as drawings, weight and dimension specifications, are only approximate unless expressly marked as binding. The customer must immediately and without being asked recheck all dimensions and conditions on site and point out any deviations.

(5) If delivery on call is agreed, the customer must accept the entire ordered delivery or service within a reasonable period of time, but no later than three months after the call order has been agreed. In the event of a corresponding postponement or delay, any additional expenses incurred may be charged.

(6) If the service is prevented by force majeure, such as e.g. labor disputes, strikes, lockouts, or other events in Germany or abroad for which we are not responsible, the delivery or service period shall be extended appropriately by the duration of the disruption and its after-effects. If the event of force majeure makes it permanently impossible to provide the service, we shall be entitled to withdraw from the contract. We shall also not be responsible for reasons of force majeure if they arise through no fault of our own during an already existing delay. Such obstacles shall be communicated to the customer without delay. Additional costs may be invoiced in the course of unforeseen exceptions, e.g., additional costs due to the postponement of events.

(7) We shall not be in default due to delays in the provision of services if we or our vicarious agents are only guilty of slight negligence. In the event of force majeure or other extraordinary circumstances for which we are not responsible, BE shall not be in default.

(8) If BE is in default, the customer is entitled to claim proven damages caused by the delay. In cases of slight negligence, compensation shall be limited to 0.5% of the value of the total delivery for each full week of delay, not to exceed 5% of the value of the total delivery.

(9) In the event of a delay in performance on the part of Billmann Event GmbH, the customer shall be entitled to set a reasonable grace period for the provision of service. After this period has expired without success, the customer shall be entitled to withdraw from the contract. In the event of culpable action on the part of BE, the customer may claim damages in lieu of performance. In cases of slight negligence, the claim for damages shall be limited in accordance with the preceding paragraph.

(10) If advance performance is required by the concluded contract, BE may refuse to perform if, after conclusion of the contract, it becomes apparent that the claim to consideration is jeopardized by the other party's inability to perform. This is particularly the case if the remuneration to which we are entitled is jeopardized due to poor financial circumstances or if other there are other obstacles to performance, such as export or import bans, acts of war, supply chain collapses, or similar.

IV. Pricing

(1) All prices are ex warehouse Nuremberg or Berlin plus transport and statutory value added tax. We expressly reserve the right to make short-term price changes.

(2) Payment claims are due without deduction upon delivery, performance, or provision, unless separate agreements have been made.

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

(4) For first-time orders, new customers will be invoiced in advance for 100% of the order value.

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

(6) Shipping is always at the expense of the contractor.

(7) If the client defaults on payments, BE is entitled to withdraw from the contract and claim damages, and is entitled to charge interest at the respective average bank rates for current account loans for the duration of the default period.

V. Copyright protection

(1) The customer shall receive simple rights of use to all property rights for the duration of the contract. Any use beyond this is not permitted without written consent.

(2) Transfer to third parties is not permitted.

VI. Liability & Warranty

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

(2) In the event of loss, the lessee shall replace the replacement value. In the event of damage, the lessee shall replace the replacement value if repair is impossible or uneconomical.

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

VII. Rental

(1) The lessee must treat the rental object with care.

(2) The lessee is obliged to take appropriate measures to protect the rental object from damage or loss (weather, theft, etc.).

(3) If defects occur during the rental period, BE must be informed immediately. In this case, BE must be given the opportunity to remedy the defect or replace the rental object with another equivalent rental object.

(4) The lessee is obliged to indemnify BE against any claims by third parties that are made against BE on the occasion of or in connection with the use of the rental object. The indemnification claim also includes the costs incurred in defending against third-party claims.

(5) The tenant is not entitled to withhold payment.

VIII. Cancellation

If the rental agreement is canceled for any reason, Billmann Event GmbH may charge cancellation fees in the following amounts of the order value (OV) without providing proof of damage:

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

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

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

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

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

IX. Final provisions

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

(2) The contract and negotiation language is German.

(3) The place of jurisdiction is Nuremberg.

(4) Should any provision in the above terms and conditions be invalid, this shall not affect the validity of all other provisions or agreements.

(5) No verbal side agreements shall be made. Any amendments to these provisions must be made in writing.

As of January 2024