Our terms and conditions apply for all business relations, sales, rentals and other legal transactions in case as no other agreements have been made. Deviating terms and conditions of contracting partners will only be regarded as applicable with a separate agreement. Orders, oral agreements, assurances and so forth including agreements made by our staff are required to be made in written form or be confirmed by us in writing. Berlin is the place of jurisdiction for all disputes if the contracting partner is a general merchant, a corporate body under public law or “öffentlich-rechtliches Sondervermögen”.
Terms and Conditions of Business for Clients and Suppliers
Terms and Conditions of Business for Clients and Suppliers
Terms and Conditions of Business for Clients
1. General Terms
2. Ordering and Conclusion of the Contract
Orders always need to be made in writing. Images and descriptions in our catalogues, on our website and in our list of prices are to be considered as nonbinding and approximate. BMU always makes an effort to prevent errors in printing, spelling, calculation or other errors but we reserve the right to apply corrections. We also reserve the right to apply necessary changes regarding construction, visual appearance, shape, form and scope of delivery. BMU’s website is an informational platform only that does not provide a purchase option. All enquiries received from contracting partners will be acknowledged with an electronically generated confirmation of reception. This confirmation of reception does not conclude a legal contract. After receiving an enquiry, BMU will make an offer. A contract will only be concluded through the acceptance of this offer by the contract partner.
In case additional products or services are provided, deviating from the contract concluded by accepting the offer, those products or services will be billed separately. BMU will inform the contracting partner about corresponding additional services or costs as soon as they accrue. BMU’s staff will be available at all times for questions regarding the usage of the rented property. The staff will also be available on the day of usage via hotline. By collection, delivery and/or acceptance of the rented property, the contracting partner acknowledges being familiar with the usage of the rented property.
ATTENTION: Consumers and end customers in terms of the “Fernabsatzrecht” will have no right of withdrawal after conclusion of the contract if a specific date or time frame is designated and/or a specific client configuration is carried out.
3. Cancellation of an Order by the Contracting Partner
Up to a total net order sum of 500 Euros the client has the right to cancel the order free of charge without giving a reason until 3 days prior to the start of the rental. If the order is cancelled by the client within 0 to 3 days prior to the start of the rental, a cancellation fee in the amount of 100% of the rental price is due for payment.
For a total net sum above 500 Euros the following agreement is made:
Cancellation of the order 30 days or more prior to the beginning of the order fulfilment is free of charge. The cancellation of the order has to be made in writing. All costs that have occurred up to that point will be billed.
Cancellation fees for all cancellations at a later date:
- 25% of the agreed-upon pay for cancellation between day 29 and day 21 prior to the beginning of the order
- 50% of the agreed-upon pay for cancellation between day 20 and day 11 prior to the beginning of the order
- 25% of the agreed-upon pay for cancellation less than 11 days prior to the beginning of the
4. Force Majeure
If the service provisions or works are interrupted due to circumstances beyond our control, both contracting partners are exempt from their obligations arising from the contract or order for the duration of the interruption. If the service provisions, works or contractual obligations are hindered from fulfilment entirely due to circumstances beyond our control/force majeure, both contracting partners have the right to rescind the contract. Compensation for damages is excluded in any case. The following circumstances are defined as force majeure: war, instruction of higher authority, sabotage, strike and lock-out, natural disaster, epidemic and geological transformation or effects thereof. Illnesses of moderate severity are not defined as force majeure unless the Robert-Koch-Institut issues a pandemic warning (“Seuchenwarnung”).
Both contracting partners are obligated to immediately inform the other party in writing (e-mail is sufficient) about the occurrence of a force majeure event in every available detail. Furthermore, both parties are obligated to consult about appropriate measures to resort to.
5. Rental Duration
The rental duration will be calculated by full days. The minimum rental duration is one day. The rental duration starts at the time of delivery of the equipment at the contracting partner’s location or at the time of pickup by the contracting partner at BMU. The rental duration ends at the agreed upon time. Early returns do not reduce the rental time. If the equipment is not returned by the contracting partner to BMU until the agreed upon time, the rental duration will be extended accordingly. If a pickup has been agreed upon and a pickup is not possible, the rental duration will be extended regardless of reasons. Delivery and pickup will be carried out between 10.00 and 18.00 hours on work days if not otherwise agreed upon specifically.
6. Pricing, Deposit and Payment
7. Delivery and Delivery Deadlines
Deliveries are made, if part of the agreement, to ground level behind the first lockable door. All deliveries must be accepted by the contracting partner and be immediately checked for correctness, completeness and absence of defects. Acceptance of the delivery will be noted by the contracting partner’s signature. Late reprimands will not be recognized. Delivery is always carried out on bill and risk of ownership of the contracting partner, freight forward from our central stock in Berlin. Compensation for late delivery can only be accepted in case of gross negligence. In the case of delivery and for all concerns in the execution of the delivery, all terms of service of the shipper apply. BMU explicitly points out that many carriers exclude their own liability for damage-free and on-time delivery.
Terms of Payment
If no other terms have been agreed upon, generally all payments have to be made without deductions or cash discounts by the contracting partner. In case of failure to pay, BMU reserves the right to refuse the handing-over of the goods or rented property. Without a separate written agreement, all bills are to be paid immediately at the handing-over or delivery of the goods or rented property. In case of an exceptionally payment on invoice, confirmed in writing, and the contracting partner has not made the payment at the agreed-upon point in time (payment target in the invoice), the contracting partner is in default. BMU then has the right to charge interest for default. If no specific payment target has been agreed upon, the payment target will be 30 days after reception of the invoice.
In case of default of payment, BMU reserves the right to bill a flat charge for processing in the amount of 40,00 EUR, regardless of the amount due in the original bill. This is to be paid by the contracting partner in any case. If goods or rented property is still with the contracting partner when the payment default occurs, BMU reserves the right to retrieve the goods or rented property. In case both parties cannot agree on a point in time when the invoice or bill has been delivered, the time of delivery or execution of the service will be considered as the time of delivery of the invoice or bill.
Our staff is not authorized to perform any assembly or deployment services that go beyond the agreed-upon services. Assembly services will only be performed on the contracting partner’s wish and after prior agreement. If any assembly services become necessary in order to ensure the success as agreed upon or to ensure the necessary safety precautions, all costs will be billed to the contracting partner. BMU will discuss all additional assembly services on short notice with the contracting partner. Liability for assembly services that have not been performed by our staff is excluded. Assembly services performed by BMU do not change the point in time for transfer of risk for loss or damage to goods or rented property. Specifically, all assembly services by BMU do not include and requirement of protection of the goods or rented property against theft or unauthorized access by a third party.
10. Handling of Rented Property
The contracting partner is obligated to use the rented property during the time of the rental according to specification and with proper care, and to only for the intended application. PLEASE NOTE!
- All equipment must be protected against shock, drop or shaking damage during loading and unloading for transport. The contracting partner assumes responsibility for not leaving the equipment in cars or other transports without supervision.
- Explicitly but not exclusively, the contracting partner assumes responsibility for the protection of the equipment against atmospheric conditions such as heat, extreme solar irradiation, rain, moisture), sand, dust and seawater. The contracting partner is not allowed to make or order repairs, regardless of it being performed by themselves or others.
The contracting partner assumes responsibility to return all rented property at the end of the rental time in the same condition as it has been taken over. If a pick-up has been agreed upon, the contracting partner is responsible for providing the rented property ready for transport. The rented property must be duly cleaned at the day of pick-up or drop-off. If a pick-up by BMU has been agreed upon, all rented property must be provided on ground level and stacked orderly at the time of the pick-up.
11. Return of Rented Goods
All rented property must be returned in full, sorted and in clean and flawless condition, to the central stock of BMU during the agreed-upon rental time, at the latest on the last day of the rental time. Defective property must be returned as well. The return of rented property is complete after unloading and registering of all rented property at the central stock of BMU. After registration, the contracting partner will receive a confirmation of receipt. BMU reserves the right to thoroughly check all rented property after registration. An acceptance of goods without reprimand does not conclude an acceptance of completeness or condition of the returned property. In case of loss or culpable damages of lamps or other small accessories, the contracting partner has to reimburse the value as new, except the contracting partner proves that there is no or a significantly smaller damage to BMU.
Specifically for slip covers and other repeatedly usable materials, BMU reserved the right to bill the value as new if a thorough cleaning does not succeed.
12. Damages, Loss, Incomplete Return
BMU imposes an allowance for special expenditure for the processing of repairs and replacements. Up to a cost of repair or replacement of 100,- EUR, the allowance for processing is 20,- EUR. For a cost of repair or replacement of 101,- EUR and over, the allowance for processing is 50,- EUR. If the contracting partner processes the replacement completely and independently without causing efforts for BMU, no allowance is due. Repairs are excluded from this agreement. Repairs will only be ordered or performed by BMU. BMU reserves the right to deduct all costs of deficiency, replacement and repair as well as special expenditures from the contracting partner’s deposits. The contracting partner must reimburse all costs for damages arising from the deficiency or equipment. This includes damages arising from late returns at BMU or arising from third party claims against BMU.
During replacement or repair, all losses arising from the inability to rent out the property will be billed to the contracting partner. BMU is responsible for performing all replacements or repairs without culpable delays. Is the deficiency is prolonged by BMU’s fault, the contracting partner will be free from the corresponding responsibility. The contracting partner is liable for all damages or loss of the rented goods or parts of the goods. The reason for the loss is irrelevant for the claim. For repairable damages the contracting partner must reimburse all costs to BMU. For non-repairable damages or loss the contracting partner has to reimburse the value as new according to BMU’s replacement costs.
Option: Insurance by BMU
The contracting partner declares is general agreement at the conclusion of the contract that all rented property is insured during his time of use. All costs arising from this must be paid for by the contracting partner. All costs will be itemized and billed. The insurance includes all rented property that the contracting partner or their sub-contractors receive from BMU. In case of damages, a deductible in the amount of 25% of the insured value, at least 1.000,00 EUR, at most 15.000,00 EUR, will be due for payment by the contracting partner. For damages arising from theft out of a transport vehicle, simple theft, robbery and looting outside of the stationary place of insurance, as well as damaged arising from misappropriation and/or fraud, the ceiling amount of 15.000,00 EUR is not applicable.
All insurances are subject to terms of “Allgemeine Gefahrendeckung im Rahmen einer“
- Elektronikversicherung (Hinweis ABE 2008 Abs. A § 2 versicherte Gefahren und Schäden) – www.b-musik.de/AB-Elektronikversicherung.pdf
- Ausstellungsversicherung (Verweis Bedingungen AVB Ausstellung 2008) – www.bmusik.de/AB-Ausstellungsversicherung.pdf
In case of theft or other unauthorized removal, police must be notified. Please retrieve the name, affiliated department including address and journal-no. or case number from the police officer processing the case.
Reservation of Proprietary Rights
The contracting partner is obligated not to dispose of the goods that are delivered under our reservation of proprietary rights, specifically not to transfer ownership to a third party or to put them in pawn. The contracting partner is obligated to take proper care for all property provided under our reservation of proprietary rights and to provide for adequate insurance if applicable.
14. Transfer of Risk
All risks of loss and damage to goods or rented property are transferred to the contracting partner upon handing-over from BMU’s vehicles. If the goods or rented properties are transported by a subcontractor commissioned by BMU or by the contracting partner themselves or by a subcontractor commissioned by the contracting partner, all risks are transferred to the contracting partner at the time of loading of the vehicle of the subcontractor or the handing-over to the contracting partner or the person collecting the goods or rented property.
If a supervision of the event and/or the assembly of the goods or rented property has been agreed upon in addition to the sale or rental, the previous agreement concerning the transfer of risk still applies. BMU is never responsible for increased safety and security precautions in case of damage or loss. Excepted from this are cases where BMU’s staff caused the damages themselves intentionally or by gross negligence. Explicitly not excepted are cases of loss or theft. This applies especially if the disassembly cannot or is not supposed to be performed immediately.
Booked artists, including DJs, are subject to artist contracts. Therefore they hold an artistic license. A reimbursement in case of nonsatisfaction is not possible. In case of cancellation of artists within 2 weeks prior to the booked date, a cancellation fee in the amount of 50% of the artist’s pay plus tax is due for payment.
16. Withdrawal from Contracts
BMU reserves the right to withdraw from contracts if a contracting partner has provided fraudulent information regarding their identity or credit rating, has ceased to make payments, or if insolvency proceedings against them have commenced or have been applied for. A claim for damages is excluded in these cases.
In case the goods or rented properties provided by us are faulty or do not possess a property promised by us, we are entitled to rectify the object or have it rectified by a third party, or send a replacement delivery. The contracting partner must contact BMU immediately after determination of the fault. For this a 24 hour hotline is provided. In case the rectification fails or a replacement delivery cannot be made in time, the contracting partner has the right to demand the lowering of the rental price agreed upon in the contract. The contracting partner is obligated to report apparent faults immediately in writing or via telephone. Faults that cannot be detected even with careful examination must be reported in writing immediately after discovery. The warranty does not apply for faults and damages arising from errors made by the contracting partner by natural wear and tear, moisture, preventable temperature or environmental influences or improper handling. The same applies for faults and damages arising from the use of materials provided bys the contracting partner themselves.
BMU is liable in cases of negligence or gross negligence by BMU oder those of BMU’s agents or assistants according to the law. Otherwise BMU is only liable according to the Product Liability Act (“Produkthaftungsgesetz”) and in case of harm to life, body or health or due to culpable violation of essential contractual obligations. Essential contractual obligations are those that are required to make the orderly execution of the contract possible and that the contracting partner can regularly rely upon. The liability for damages for the violation of essential contractual obligations is limited to the damages that are foreseeable and typical for the contract. BMU’s liability is limited damages that are foreseeable and typical for the contract in case of gross negligence if none of the exceptions of sentence 2 of this paragraph apply. Foreseeable damages are limited to 150.000,00 EUR in case of asset and property damages, and limited to 10.000,00 EUR in case of claims of care, custody and control. Liability for damaged incurred by the rented property to objects of legal protection, for example damages to other property, is excluded completely. This does not apply in case of intention or gross negligence or in case of harm to life, body or health due to the violation of essential contractual obligations in terms of sentence 3. The previously stated arrangements span compensation for damages in addition to insurance benefits and compensation for damages instead of insurance benefits, regardless of legal ground, especially for faults, for the violation of contractual obligations or from illegal action. They also apply for the claim for compensation of futile expenses. All other liability by BMU is excluded.
19. Privacy Protection
Terms and Conditions of Business for Suppliers
I. Orders for the purchase of services shall apply exclusively in accordance with these general terms and conditions. By accepting an order, the contractor declares his acceptance with our conditions. If our order is confirmed by the contractor in deviation from our terms and conditions, our terms and conditions shall apply exclusively, irrespective of this, even if we do not object. Deviating conditions shall only apply if they have been confirmed by us in writing. If the contractor wishes to conclude a contract on his terms, he must expressly point this out to us in a separate letter. In this case we reserve the right to withdraw the order. Our terms and conditions shall also apply to future transactions, even if we do not expressly refer to them, provided that they have only been bindingly agreed with the contractor once.
II. Our terms and conditions apply regardless of whether we place the order in our own name or in the name of a third party.
2. Order Processing
I. The contractor’s deliveries and services must correspond exactly to the contents agreed upon in advance.
II. The designs and prices stated in our order are binding.
III. Unless otherwise agreed, the delivery dates stated by us are binding. We must be informed immediately of any delays in order processing.
IV. The Contractor shall deliver the goods and services to be provided by him at his own expense and risk to the delivery address specified by us.
V. Furthermore, the contractor is obliged to present all documents and certificates in advance for the event modules and products on which the order is based, upon request. If these documents are not presented, the contractor is fully liable in the event of improper procedures, in addition to any replacement, expense and downtime costs to be claimed.
VI. All cost estimates of the contractor are binding and are free of charge.
3. Order Changes
Changes or additions to the order are only to be paid to the contractor if they require actual additional work and the contractor announces and explains any additional costs in writing in advance.
4. Transfer of Risk/Acceptance
In all cases, the transfer of risk shall only be transferred to us after acceptance of the event modules on which the order is based. The time and place of the acceptance are specified in the order.
5. Notice of Defects
I. Quality and quantity checks are carried out by a suitably authorised person after receipt at the delivery address specified by us. Defects or wrong deliveries detected during these inspections shall be considered as obvious defects. Defects not found during the incoming inspection are considered hidden defects.
II. If any open or hidden defects impair the success of the order, these defects are to be reported immediately by the contractor and remedied. In the event of a defect, e.g. by inspection after receipt/arrival, a claim for performance, rectification and correction of defects shall apply. In addition, we are also entitled to claim damages in the event of the absence of warranted characteristics if the contractor does not prove that he is not at fault for the defect. This also applies in the event of disregard of secondary obligations by the contractor.
III. in the event of improper fulfilment of the order due to open and/or hidden defects, we are entitled to charge the contractor for the corresponding additional and/or downtime costs.
6. Setting of Deadlines
Insofar as a deadline is to be set to the contractor for the assertion of claims for performance, rectification or elimination of defects of any kind, we shall be entitled to set this deadline in such a way that we can award the contract elsewhere, at the contractor’s expense, if the deadline is not met.
7. Special Conditions
I. The contractor must provide the agreed upon event module and/or the service to be provided, which is the basis for the order, in person, through his employees or selected courier services.
II. We are entitled to provide the contractor with auxiliary staff, props, technical effects and the place of performance. Insofar as such instructions incur additional costs after placing the order, these will be paid by us after consultation.
III. Unless otherwise agreed, the reimbursement includes all costs incurred in connection with the order, e.g. costfor any auxiliary staff, additional props or similar. The contractor concludes the corresponding contracts in his own name and for his own account. Unless a fixed price has been agreed upon, invoicing shall be made on presentation of the corresponding invoice documents.
IV. In special cases, the contractor is obliged to sign or have signed a lapel by clients, customers and other holders of rights, presented by us, which guarantees the publication of the images for advertising purposes in the scope of the advertising measure communicated to the contractor and excludes claims for injunction, reimbursements or damages due to the right to one’s own image, copyrights and other rights against the client or his clients.
V. Agreements with third parties in our or our customer’s name require the prior consent of us or our customer.
8. Customer Protection
I. Direct contact between our customer and the contractor is not permitted. This applies both to the contractor’s contacting our customer and vice versa.
II. In the case of enquiries from our customers, the contractor is obliged to inform us immediately in order to agree on the further procedure. In addition, the contractor undertakes to maintain absolute secrecy about current or planned or contemplated projects towards our customer and/or uninvolved third parties. In any case, the contractor refers to us as client and contact partner.
Exception: Something to the contrary has been agreed.
III. We reserve the right to claim damages in the event of any disregard of the above regulations.
9. Rights of Use
I. The contractor shall transfer to us or our customer all existing rights of use, exploitation, ancillary copyrights and other industrial property rights, unlimited in terms of content, time and place, for the exclusive use and utilization of the result of the order, which are necessary for the promotional utilization of the result of the order and which arise from him or from third parties commissioned by him with the creation of the work or which are necessary for its utilization, unless otherwise agreed. The transfer of rights takes place with the mutual declaration of intent to the order. The transfer includes in particular the rights to duplication, distribution, presentation, broadcasting, reproduction by image or sound carriers, as well as editing, including translation and dubbing. It includes all known reproduction procedures, in particular the utilization on the Internet or comparable systems.
II. The transfer must be made without any claim to the naming of the author. We are entitled to transfer the rights transferred to us in whole or in part to a customer with whom relevant agreements exist at the time of placing the order.
10. Third Party Rights
The contractor guarantees that the use of his services does not infringe the rights of third parties, in particular personal rights or trademark rights. At our request, the relevant evidence must be presented.
11. Liability Towards Third Parties
In the event that an involved or uninvolved third party should incur claims for damages of any kind, including those resulting from use, we shall be released by the contractor from the liability resulting from the violation. This applies in particular if the support is provided by the contractor or by personnel authorised by him.
12. Obligation of Secrecy
All documents and information made available to the contractor in connection with the execution of the order are to be treated as strictly confidential – even after the end of the order – and may not be made available to third parties. If third parties are called in for order processing, they must be obligated accordingly.
13. Final Provisions
German law shall apply. Place of performance and jurisdiction for all disputes is the headquarters of BMusik Veranstaltungstechnik GmbH & Co KG. (Status January 2013)