1. Applicability of Conditions

The General Terms and Conditions (GTC) of carpe event productions GmbH & Co. KG (hereinafter referred to as "carpe event productions") apply exclusively; conflicting or deviating conditions will not be recognized unless carpe event productions has expressly agreed to them in writing. 

These GTC also apply if carpe event productions executes the contract unreservedly, despite being aware of conflicting or deviating conditions. 

These GTC apply only to businesses as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. 

Unless otherwise agreed, these GTC shall also apply to all future business relationships with the customer without requiring renewed express incorporation.

 

2. Order Placement

All offers made by carpe event productions are non-binding and subject to change unless expressly designated as binding.

If acceptance periods are stated in an offer, the offer shall expire automatically upon expiration of such period without requiring any further declaration by carpe event productions. Any late acceptance by the customer shall be deemed a new offer.

Orders as well as amendments or supplements thereto must be made in written or text form (e.g. email).
 
If no contract is concluded, any costs for prior site inspections carried out with the customer's consent are borne by the customer. The costs are calculated based on the effort incurred and the prices valid at the time of the agreement (price list available upon request).

 

3. Deliveries

Deliveries are made ex warehouse Cologne. Upon the customer’s request and at their expense, deliveries can be made to another destination. carpe event productions reserves the right to determine the shipping method (e.g., transport company, packaging, shipping method, etc.).

 

Delivery/rental dates are agreed upon individually or specified by carpe event productions upon accepting an order. 

If carpe event productions fails to meet an agreed delivery or rental date for reasons for which it is responsible or is otherwise in default, the customer shall be entitled to the statutory remedies, provided that the customer has previously issued a written reminder setting a reasonable deadline.

Any claims for damages shall be subject to the limitations set forth in Section 7 of these GTC.

 

4. Prices

Unless otherwise agreed in individual cases, the current prices of carpe event productions apply. 

All prices are net prices ex-warehouse Cologne, excluding packaging, which will be charged separately, plus the applicable statutory VAT. 

Special/additional services requested by the customer, such as modifications or expansions of the material, will be charged separately based on the current prices of carpe event productions. 

For any additional costs/fees associated with the chosen payment method, refer to Section 5.1 below.

 

5. Payment Terms, Retention of Title, and Cancellation

5.1 Payment Terms and Default

Invoices are payable without deduction no later than ten days after issuance. 

For new customers or in the case of special advance services, carpe event productions may require advance payments. 

Payments by cheque or bill of exchange are deemed received only upon irrevocable clearance.

Acceptance of bills of exchange always requires prior written approval by carpe event productions. 

A processing fee of fee of EUR 13.00 shall be charged for foreign checks. 

carpe event productions shall not liable for timely presentation, protest, notification, or return of a bill of exchange unless caused by intentional misconduct or gross negligence.

Any fees, charges, taxes, or interest arising from foreign transfers or international payment transactions shall be borne exclusively by the customer.

In case of late payment, carpe event productions is entitled to charge a flat fee of €15 for each reminder. Additional statutory claims and rights remain unaffected. The customer is entitled to offset or retain payment only if their claim is legally established or undisputed.

5.2 Retention of Title

Rented items, as well as all rented materials and accessories, remain the property of carpe event productions. In sales transactions, carpe event productions retains ownership of the purchased goods until all outstanding claims from the purchase agreement and any ongoing business relationship have been paid in full.

If carpe event productions retains ownership of the contractual items, the customer must promptly inform carpe event productions of any changes to the location of use, seizures, confiscations, as well as insolvency or out-of-court settlement proceedings involving the customer’s assets.

5.3 Compensation for Order Cancellations

If the customer cancels an order for rental or project-related services, carpe event productions shall be entitled to claim flat-rate compensation in the form of liquidated damages as follows:

Cancellation 20 days or more before the start of production: 25% of the total order value.

Cancellation 10 days before the start of production: 50% of the total order value.

Cancellation 1 day before the start of production: 100% of the total order value.

These compensation amounts apply regardless of whether the reason for cancellation is attributable to the customer. They do not apply if carpe event productions is responsible for the cancellation and no damages/compensation claims arise under statutory provisions. In such cases, the parties’ claims are governed exclusively by statutory regulations unless the customer proves that no damage or substantially lower damage has occurred.

6. Responsibilities of the Parties / Warranty

6.1 Rental Business

6.1.1

 If this is part of the order, carpe event productions is responsible for the proper delivery, pickup, and/or necessary installation, including setup and dismantling of the rental items. Otherwise, carpe event productions is responsible only for the rental provision from the warehouse.

6.1.2 If the rental item is already defective at the time of contract conclusion, the customer may only assert claims if the defect is recorded in the acceptance report. If a defect appears during the rental period, the customer must notify carpe event productions immediately in writing, with a precise description of the defect (and, if possible, photographic evidence). If the customer fails to report the damage, they are liable for any resulting damages. Claims under §§ 536, 536a BGB for reduction or damage/expense compensation can only be made if carpe event productions was unable to remedy the defect or replace the item within a reasonable period after the customer’s written notification. The right to claim damages is subject to the limitations in Section 7.

6.1.3

 Subletting of the contractual object requires prior written consent from carpe event productions.

6.2. Warranty for Sales Tranactions 

6.2.1
The customer is obliged to inspect the delivered goods immediately upon delivery and to notify carpe event productions in writing of any visible defects without delay  (without undue delay, usually within two working days), providing a detailed description of the defect (and photographic evidence, if possible). 

Hidden defects must be reported immediately upon discovery in compliance with the above requirements. Defects reported late, i.e. in breach of the above obligation, are excluded from warranty claims. If identified defects are likely to cause further damage to the defective product or endanger other items or persons, the customer must immediately cease using the product and inform carpe event productions of the cessation of use. Resumption of use requires prior approval from carpe event productions. This does not affect the customer's own obligations for inspection and monitoring.

6.2.2
In the event of defects, the customer initially has the right to demand rectification. carpe event productions has the discretion to decide whether to provide a replacement or repair the defect. If rectification fails, i.e., is impossible, unreasonable, refused, or unreasonably delayed, the customer may withdraw from the contract or reduce the purchase price accordingly. If a defect is attributable to carpe event productions' fault, the customer may claim damages under the additional conditions specified in section 7 below.

6.2.3
The warranty period is one year from delivery. This does not apply in cases of liability for injury to life, body, or health, or in cases of intentional or grossly negligent breaches of duty by the supplier or its agents. In such cases, the statutory limitation periods apply. The customer bears the burden of proof that the defect existed at the time of delivery.

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6.3 Liability of Customer 

6.3.1 Rental (Provision by carpe event productions) Rental Business

Upon handover of the rental equipment to the customer and/or their employees or other authorized persons, liability for the rental items fully transfers to the customer. The customer must ensure that the rented items are stored, transported, used, and maintained according to the manufacturer's requirements. The customer guarantees that the rental items are operated, installed, and handled only by qualified personnel, in accordance with the manufacturer's specifications and all safety regulations.

Furthermore, the customer must provide adequate insurance coverage and, upon request or for contracts exceeding EUR 10,000.00, provide proof of insurance without a separate request by submitting an insurance policy. The policy must cover all potential risks to carpe event productions' rental items, such as theft, vandalism, fire, etc.

6.3.2 Project Business (Provision and Operation by carpe event productions)
The customer must ensure all conditions are met for the proper, safe, clean, and dry storage and operation of the rental items provided by carpe event productions at their event/production. carpe event productions may refuse to operate the rental items under improper conditions. Improper conditions include, but are not limited to:

Circumstances that would violate legal or regulatory requirements,

Situations that could endanger the safety of individuals,

Situations that could damage the rental items provided by carpe event productions or other property.

The customer's payment obligation remains unaffected in the event of a justified refusal by carpe event productions.

The customer must provide adequate insurance coverage for the rented materials and, upon request or for contracts exceeding €10,000.00, provide proof of insurance without a separate request by submitting an insurance policy. The policy must cover all potential risks to carpe event productions' materials, such as theft, vandalism, fire, etc.

6.3.3 Loss or Damage
In cases of damage to or loss of rented materials, the customer shall reimburse the replacement value in accordance with the current price list.

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7. Limitation of Liability of carpe event productions

7.1
The liability of carpe event productions for damages, regardless of the legal basis, is limited according to the provisions of this section 7, insofar as liability depends on fault.

7.2
carpe event productions is not liable for simple negligence on the part of its organs, legal representatives, employees, or other agents, unless it concerns a breach of essential contractual obligations. An essential contractual obligation is one whose fulfillment is necessary for the proper execution of the contract and on whose compliance the customer regularly relies.

7.3
Where carpe event productions is liable for damages under section 7.2, this liability is limited to damages foreseeable at the time of contract conclusion as possible consequences of a breach of contract or that should have been foreseeable using ordinary care. Indirect damages and consequential damages resulting from defects in the delivered item are only compensable to the extent that such damages are typically expected when the delivered item is used as intended.

7.4
The above exclusions and limitations of liability apply equally to the benefit of carpe event productions' organs, legal representatives, and employees.

7.5

The above limitations of liability shall not apply in cases of:

• intentional misconduct;
• gross negligence;
• injury to life, body, or health;
• guarantees expressly assumed;
• fraudulent concealment of defects;
• mandatory liability under the German Product Liability Act.

7.6
All claims for damages against carpe event productions, regardless of the legal basis, become time-barred no later than one year after delivery of the goods to the customer, or in the case of tortious liability, from the date of knowledge or grossly negligent ignorance of the circumstances giving rise to the claim and the identity of the liable party. This does not affect liability for intent or gross negligence, guarantees, fraudulent concealment of a defect, injury to life, body, or health, or liability under the Product Liability Act. For these cases, the statutory limitation periods apply.

All claims for damages against carpe event productions shall become time-barred one (1) year after delivery of the goods or completion of the services unless longer statutory limitation periods apply mandatorily.

8. Place of Jurisdiction and Appliancable Law

The exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be Cologne, Germany.

The laws of the Federal Republic of Germany shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

9. Severability Clause

Should any provision of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision.