Conditions

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. They also apply to all future business relationships, even if they are not explicitly agreed upon again.

---

2. Order Placement

Offers made by carpe event productions are non-binding unless otherwise agreed. If acceptance periods are specified in offers, the offers become void after the expiration of these periods without the need for a separate declaration by carpe event productions. Late acceptances are considered new offers by the customer. Orders and any amendments or supplements to them must be in written form.

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 is unable to meet a rental/delivery date due to reasons for which it is responsible or if it is in delay, the customer is entitled to the statutory rights. However, a delay requires the prior submission of a written reminder with a deadline by the customer. Claims for damages are subject to the limitations outlined in Section 7.

---

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 Information Obligations

5.1 Payment Conditions and Delay

Invoices are payable without deduction no later than 10 days after issuance. For new customers or in the case of special advance services, carpe event productions may require advance payments. Payments by check or bill of exchange are considered valid only after clearance. Acceptance of bills of exchange always requires prior written agreement with carpe event productions. A collection fee of €13 is charged for foreign checks. carpe event productions is not liable for timely presentation, protesting, notification, or return of a bill of exchange if it is not honored unless it or its agents acted with intent or gross negligence. Fees/charges and interest incurred for transfers/payments from abroad are borne 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 their order (rental/project transactions), carpe event productions is entitled to claim the following flat-rate compensation:

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. Evidence of higher damage by carpe event productions or evidence of no or significantly lesser damage by the customer remains possible.

6. Responsibilities of the Parties / Warranty

6.1 Rental (Provision by carpe event productions)

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 can only claim this if the defect is noted in the acceptance certificate. 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.

6.2.1
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 (at the latest by the second working day following delivery), 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., contrary to the above obligation, will not be considered and are excluded from warranty coverage. 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.

---

6.3 Customer Liability

6.3.1 Rental (Provision by carpe event productions)
Upon handover of the rental items 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 €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 Replacement of Damaged Materials by the Customer
In cases of damage to or loss of rented materials, the customer will be charged the acquisition cost according to the current price list.

---

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 do not apply to liability for intentional acts, guaranteed quality features, injury to life, body, or health, or mandatory liability under the 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.

---

8. Jurisdiction
The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the business location of carpe event productions in Cologne. German law applies, excluding the UN Sales Convention.