Terms and Conditions
We deliver exclusively on the basis of our general terms and conditions of business; deviating terms and conditions of our customers are effective in our regard only if they have been expressly agreed with us, in the individual case. Quality agreements with reference to the object of delivery are effective only in writing. Unless the offer stipulates otherwise, it is subject to changes. Verbal agreements or agreements by telephone require immediate written confirmation.
All quantities listed in the offer are approximate values, which may deviate from the offer when the order is executed. Unless listed otherwise, the prices are understood inclusive of current statutory value added tax. The VAT (Mehrwertsteuer) and the gross final amount can be deduced from the control bar on the last page of the offer. If, when the order is placed, the number of persons deviates from the number indicated in the offer, where work complexity remains the same, the price per person may vary.
PAYMENT, MATURITY AND DEFAULT
Delivery of goods and services is performed against invoice. Compensation is due for payment, without discount, immediately upon delivery, respectively upon handover to the customer.
TRANSPORT/ITEMS OF EQUIPMENT
The customer bears the transport costs from our company headquarters to the destination. If the collection of transportation devices, hired dishware and party furniture has been agreed, the customer bears the costs of collection.
Items of equipment that are delivered by request or with meals and beverages are our property and are to be treated with the appropriate care. As far as the items have been left with the customer on a loan basis, they must use these only for the agreed purpose and at the agreed time and at the planned location. The client bears responsibility for items of equipment and empty containers from acceptance, respectively delivery until the items are taken back; this applies also if there is a delay in taking back the items. Hire charges are calculated according to calendar days, even if the hired items are returned unused. The customer must give back the items to us at their own risk and expense on the day after the event, cleaned, unless there has been an agreement otherwise. For uncleaned dishware returns we collect a cleaning charge amounting to €0.15 per article. In the event of shortfalls, breakage or damage during the hire period we will calculate the re-procurement value. Commencement of hire is the day of handover, end of hire is the day the hired object is taken back. In the event of delayed return of the hired object the full hire charge for one day will be calculated for each further day.
Delivery is performed in line with the agreement drawn up separately in each case. The agreed delivery and service dates are binding, unless we are prevented from fulfilling our obligations by unforeseeable, unusual circumstances which, despite reasonable care according to the circumstances of the case, we were not able to deflect, or by force majeure. In this event, and if the delivery cannot be performed within an appropriately extended deadline, we will be released from the delivery and service obligations. As far as, in this respect, we are not responsible for non-compliance with the delivery deadline, the client has no claim to compensation.
For every delivery, time delays must be anticipated which, despite our utmost care, we are unable to influence. Delays due to force majeure, in particular traffic hold-ups, cannot be imputed to us. In the event of delays for above-mentioned reasons, the agreed deadlines will be postponed by the duration of the hindrance. Any public authority approvals or parking permits that may be required must be procured by the customer. At the latest upon handover of the object of the service to the client, the risk for loss, damage, diminution and deterioration of the object of the service will be transferred to the client.
All offers that concern our staff’s working hours refer to the period up to midnight. Working hours exceeding this will be billed at a 100% supplement per hour.
In the case of the hire of premises, for safety reasons the staff will always work with at least two persons.
Orders by the client are binding. Regardless of the statutory provisions concerning withdrawal from the contract, the client is entitled to a right of cancellation under and at the following conditions. In the event that the client cancels the hosting/catering contract, we are entitled to demand appropriate compensation for our expenses. Saved expenses and potential alternative use of our workforce are taken into consideration when the deployment is calculated. 30% of the overall meal turnover is established for the purpose of calculating compensation for loss of beverages turnover.
The flat rates we demand in the event of a cancellation are as follows:
- Up to 22 days before event 5%
- From 21st day to 7th day before event 20%
- From 6th day to 3rd day before event 60%
- From 3rd day before event 80%
- From 1st day before event and event deadline itself 90%
of the offer amount in each case. The offer amount is the amount that has been agreed in the binding order placement. If we have obligated third parties for performance of the delivery, in deviation from the above the costs arising from this will be borne in full by the client if our withdrawal from the contract in respect of the third party is no longer possible. The client is entitled to provide evidence of lesser damage or damage not occurring. Arrival at the contractor of the declaration of withdrawal is determinative for the duration of time limits. The cancellation must be in writing. The right to cancellation on pressing grounds remains unaffected by this for both parties to the contract.
RETENTION OF TITLE
We retain our title on all delivered goods along with means of transport and objects of hire until full payment by the customer.
RIGHT TO EXCHANGE/GUARANTEE
We are entitled to swap around specialities mentioned in our range or in the price list when the specialities to be delivered are currently not available and the exchange is reasonable for the customer.
Complaints owing to obvious defects must be specified in writing immediately after receipt of the goods. In the event of justified defects we are entitled, at our discretion, either to rectify or to perform a subsequent delivery. If the attempt at rectification fails, the client can then, if only an insignificant defect is present, only instigate a price reduction; a right to withdrawal is excluded in this respect. Excluded are defects on the goods after delivery at the customer due to improper handling, for instance due to natural wear, damp, strong increase in temperature or improper treatment or improper storage. In the same manner the guarantee does not extend to reasonable deviations in form, dimensions, consistency, taste and other quality of the goods, especially foodstuffs.
For damage that has not arisen on the object of delivery itself, we will be liable on whatever legal grounds – only in the event of intent, gross negligence also of managing employees, in the event of culpable injury to life, limb, health, in the event of defects that we have maliciously concealed or whose absence we have guaranteed, in the event of defects in the object of delivery, as far as there is liability according to product liability law for personal or material damage to privately used objects. In the event of culpable breach of significant contractual obligations, we are also liable in the event of gross negligence by non-managing employees and in the event of slight negligence, in the latter case limited to contract-typical, foreseeable damage. Further claims are excluded.
SALE OR RETURN
If sale or return delivery is agreed with the customer, the customer will leave us to calculate the estimated consumption. We assume no liability for delivery of smaller quantities. Beverages ordered beyond our calculation do not apply as sale or return. Concerning cardboard boxes we can only take back unopened original containers that are in an impeccable, undamaged and non-contaminated condition. For crates taken back – broken into or not broken into – we charge a crate service fee of €3.00. Meal deliveries are excluded from sale or return transactions.
Customer details are saved in our EDP for the purpose of order processing only. The client hereby expressly declares their agreement to this. All personal details are treated confidentially. All music events must be reported to GEMA (the German music collecting society) by the client in advance. GEMA fees are borne by the client in every case.
PLACE OF FULFILMENT/JURISDICTION
Place of fulfilment for delivery, handover and payment is Münster. Place of jurisdiction for all disputes arising from this agreement is Münster, when the client is a registered trader, a legal person under public law or a special fund under public law; at our discretion, also the head office of the client. German law applies with the exception of UN purchase law.