General bidding and commissioning terms/conditions of prio event management GmbH
Scope and application
The following terms and conditions shall apply to all legal transactions of prio event management GmbH (hereinafter referred to as “the Client”) with its contractual partners (hereinafter referred to as “the Contractor”). They shall apply exclusively; contradictory or different terms and conditions of the Contractor shall not be accepted unless the Client has expressly agreed in writing to their application. The terms and conditions shall also apply when the Client, aware of contradictory or different terms and conditions of the Contractor, performs the contract unconditionally and without reservation.
Bids by contractors/ Conclusion of contract and performance
Bids must be complete including all required services and be free of charge for the Client. Supplementary bids, where necessary, must be promptly submitted. The services, prices and performance times offered by the Contractor to the Client shall be binding. The Contractor shall ensure the availability of all services offered.
The Client reserves the right to commission individual parts of the bid separately where such division is possible. This shall have no effect on remaining positions. All orders and contracts between the parties must be in written form for the valid provision of services and billing, with commission by e-mail also sufficient. This applies in particular also to additional services that become necessary as part of an event on site.
The Contractor undertakes to comply with all relevant legal regulations and technical guidelines. These include in particular the payment of legally prescribed social insurance contributions for personnel employed, the acquisition of permits for operating the business, the necessary insurance policies that are usual in this business sector, and certificates and documents specific to the event, such as structural analysis calculations for temporary and mobile structures.
The Contractor, as part of the provision of services, shall be wholly responsible for ensuring that that all permits, rights and obligations necessary for the provision of his services have been secured and are complied with by suppliers.
Trade mark and industrial property rights and personal rights
The Client shall ensure as part of the provision of services that no trademark and industrial property rights and/or personal rights are infringed. The shall ensure that he has all rights of use and licensing rights and agreements from persons and companies affected that are necessary to performance of the contract. If a third party lodges claims against the Client for infringement of trademark and industrial property rights and/or personal rights, the Contractor shall be obliged to indemnify the Client against these claims upon the first written demand. The Contractor’s obligation to indemnify the Client against such claims shall pertain to all expenses that the Client necessarily incurs from or in connection with the lodging of such claims by a third party. If claims for damages are lodged by third parties, the Contractor shall be entitled to demonstrate that he is not responsible for infringement of the rights of the third party.
Warranties, liability and compulsory insurance of the Contractor
The Contractor’s warranties and liability shall be based on statutory regulations. The Client shall have the right to choose to demand from the Contractor the remedy of any defect or the supply of new goods. Should this not occur and/or not result in the desired outcome, free of defects, the Client shall be entitled to carry out improvements or have them carried out by third parties at the Contractor’s expense. The Client’s right to compensation for damages shall remain unaffected. If the Contractor or his agents during performance of the contract cause damage to the legal assets of the Client or a third party, he shall be obliged to compensate the injured party for such damage. The Contractor shall be obliged to conclude insurance policies that indemnify him and third parties against personal injury and damage to property, theft and loss, fire, damage arising from transport, damage to equipment and materials and to inbuilt and completed structural components, during the event and for the period of setup and disassembly. An appropriate third-party liability insurance policy with a sufficient coverage amount must be provided upon the award of a commission and a copy of the insurance policy provided to the Client.
The Contractor is obliged to immediately inform the Client of any damage caused. If the Contractor does not fulfil his obligation to inform the Client or does not do so completely, the Client shall be entitled to demand a contractual penalty from the Contractor, unless the Contractor has not been responsible for the failure to fulfil the obligation. The amount of the contractual penalty shall be determined at the Client’s discretion and in case of dispute its appropriateness can be reviewed by the court of jurisdiction.
All invoices from the Contractor to the Client must comply with current statutory provisions. Invoices shall not be paid in cash, unless otherwise agreed.
Invoices may only be issued for services already provided. Advance prepayment invoices for the purposes of a payment bond or deposit payment shall not be accepted. All prices are net prices in Euros with the addition of applicable value-added tax, currently 19 percent, unless they have been explicitly designated as gross prices in the bid.
The agreed payment period shall be 60 days after receipt of an invoice. In the case of an invoice requiring correction and reissuing, the 60-day payment period shall refer to the day on which the corrected, new invoice is received by the Client.
The Contractor shall only be entitled to offset rights if his counterclaims have been recognised by a declaratory judgement, are uncontested, incontestable, or are accepted by the Client.
Liability of the Client
The Client’s liability for breaches of contractual obligations and arising from crime, tort or misdemeanour shall be limited to malicious intent and gross negligence. This shall not apply to injuries to the life, limb or health of the Contractor, to claims made due to breaches of cardinal obligations, i. e. obligations arising out of the nature of the contract, the breach of which puts the achievement of the purpose of the contract at risk, or to compensation for damage due to delay (S. 286 of the German Civil Code (BGB)). In such cases the Client shall be liable, irrespective of the degree of blame.
Where liability for damages not arising from injury to life, limb or the health of the Customer for ordinary negligence is not excluded, such claims shall be subject to a limitation period of one year beginning from the origin of the claim. To the extent to which the Client’s liability for compensation is excluded or limited, this shall also apply to the personal liability for compensation of his employees, workers, staff, representatives and agents.
The Contractor shall be advised that event venues may be subject to video surveillance.
Expenses / catering
Unless otherwise agreed, the Contractor shall be responsible for catering and accommodation for his employees. The Contractor shall receive an allowance of 6.00 EUR for his employees working for up to 14 hours and an allowance of 12.00 EUR per working day for employees working for 14 to 24 hours for the number of employees specified in the personnel plan.
If for the period of the performance of the contract the Client provides crew catering on site, the following conditions shall apply: if the amount of food ordered is not consumed by the Contractor and not changed within a period of 24 hours in advance (by email is sufficient), the cost of food not consumed shall be offset in the final account with the Contractor (The catering company’s table of costs shall be provided on request).
Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected.
Applicable law / written form / court of jurisdiction
This contract is subject to the law of the Federal Republic of Germany. The application of UN sales law is excluded. Verbal agreements shall not apply. Any changes or additions to this contract must be made in written form.
The exclusive court of jurisdiction for contracts with traders, corporate bodies under public law and publicly funded assets shall be the court having jurisdiction for the Client’s registered place of business