General Terms and Conditions
of MP-Music Veranstaltungstechnik Manuel Pütz
Translation Notice
This English-language version is a translation of the original German General Terms and Conditions and is provided for the convenience of English-speaking customers. In the event of any discrepancies or differences in interpretation between the German and English versions, the German version shall prevail.
1. Scope of Application
a) The provision of services and the rental of equipment or stages by MP-Music Veranstaltungstechnik Manuel Pütz to event organisers, professional users/re-rental companies and consumers, hereinafter referred to as the “Event Organiser/Lessee”, shall be carried out exclusively on the basis of these General Terms and Conditions.
b) Any provisions deviating from these General Terms and Conditions, in particular any general terms and conditions of business, rental, purchase or delivery of the Event Organiser/Lessee, shall only become effective upon written confirmation by MP-Music Veranstaltungstechnik Manuel Pütz. Should any individual provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions or of any contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.
2. Offers and Subject Matter of the Contract
a) All offers are non-binding. The subject matter of the contract shall be determined exclusively by the written order confirmation or, if no such order confirmation exists, by the written offer issued by MP-Music Veranstaltungstechnik Manuel Pütz. Information contained in brochures, advertisements, similar documents or on the website shall only constitute a guarantee of a particular characteristic of a Rental Item or of the subject matter of the contract if it has been expressly confirmed in writing as such by MP-Music Veranstaltungstechnik Manuel Pütz.
b) Verbal ancillary agreements or assurances extending beyond the content of the respective contract, including these General Terms and Conditions, shall only become valid upon written confirmation.
3. Rental
a) The contractually agreed rental period shall be calculated in full days. Any part of a day shall be rounded up to a full day.
b) The rental relationship shall commence at the agreed time, but no later than upon dispatch or commencement of delivery by MP-Music Veranstaltungstechnik Manuel Pütz. It shall end upon the return or handover of the Rental Item to MP-Music Veranstaltungstechnik Manuel Pütz or upon completion of the return delivery. Transportation times shall be considered part of the rental period.
c) If the Event Organiser/Lessee exceeds the agreed rental period by returning the Rental Items late, the rental period shall not be extended; Section 545 of the German Civil Code shall not apply. The Event Organiser/Lessee shall continue to pay the agreed rental fee for the additional period. This shall not exclude the right of MP-Music Veranstaltungstechnik Manuel Pütz to claim compensation for any further damage.
d) Delays to delivery or collection dates that are beyond the control of MP-Music Veranstaltungstechnik Manuel Pütz shall not give rise to any liability.
e) The rental fee shall be payable in full irrespective of the actual use of the Rental Item, unless the non-use is caused by a defect for which MP-Music Veranstaltungstechnik Manuel Pütz is responsible.
f) The Event Organiser/Lessee shall ensure and guarantee that the delivery of the Rental Items to the event venue and their collection from the event venue can take place promptly, at the agreed times and without obstruction.
4. Ownership
a) The Rental Items shall remain the sole property of MP-Music Veranstaltungstechnik Manuel Pütz.
b) The transfer or provision of the Rental Items to third parties shall not be permitted without the express written consent of MP-Music Veranstaltungstechnik Manuel Pütz.
c) Any breach shall entitle MP-Music Veranstaltungstechnik Manuel Pütz to terminate the rental agreement without notice for good cause and to repossess the Rental Items, which shall then be held by the Event Organiser/Lessee without authorisation. The Event Organiser/Lessee shall immediately inform MP-Music Veranstaltungstechnik Manuel Pütz of any judicial enforcement measures affecting the Rental Items and shall take all measures within its power to end such access. The Event Organiser/Lessee shall bear any costs incurred by MP-Music Veranstaltungstechnik Manuel Pütz in defending against such measures. The same shall apply to any damage and loss of profit incurred by MP-Music Veranstaltungstechnik Manuel Pütz as a result of the Rental Items being unavailable due to enforcement measures against the Event Organiser/Lessee.
5. Obligations of the Event Organiser/Lessee
a) The Rental Items comply with all applicable safety regulations. The Event Organiser/Lessee shall ensure compliance with all statutory provisions and occupational health and safety regulations applicable to the use of the Rental Items. The Event Organiser/Lessee shall be solely responsible for complying with local requirements and obtaining any official permits required for operating the Rental Items in public, unless such matters are covered by the general technical approval of the Rental Items. The Event Organiser/Lessee shall also bear all associated costs.
b) Upon the transfer of risk to the Event Organiser/Lessee through handover or delivery, the Event Organiser/Lessee shall assume unrestricted liability for the Rental Items. Such liability shall end no earlier than upon the Rental Items being accepted back by MP-Music Veranstaltungstechnik Manuel Pütz.
c) Upon handover or delivery, the Event Organiser/Lessee shall professionally inspect the Rental Items and verify that they are in proper condition, function correctly and have been supplied in the correct quantity and in their entirety. Any complaints must be raised immediately. In the absence of such complaints, the Rental Items shall be deemed to have been accepted in full, complete and in proper condition. Any malfunctions or defects arising during the rental period shall be reported to MP-Music Veranstaltungstechnik Manuel Pütz immediately upon their occurrence or discovery.
d) The Event Organiser/Lessee shall assume all duties relating to public safety and shall ensure compliance with technical safety regulations throughout the rental period. The Rental Items may only be operated by sufficiently experienced persons who are able to ensure their proper operation. In the internal relationship between the parties, the Event Organiser/Lessee shall indemnify MP-Music Veranstaltungstechnik Manuel Pütz against third-party claims arising from a breach of duties relating to public safety concerning the Rental Items for which the Event Organiser/Lessee is responsible. The same shall apply to any disadvantages incurred by MP-Music Veranstaltungstechnik Manuel Pütz as a result of a culpable breach by the Event Organiser/Lessee of local requirements or of the obligation to obtain official permits for operating the Rental Items in public.
e) The Event Organiser/Lessee shall protect the Rental Items against excessive use or misuse by third parties and shall use them exclusively within the contractually agreed scope. At events involving interruptions, particularly overnight interruptions between multiple event days, the Event Organiser/Lessee shall arrange professional security for the Rental Items to protect them against theft and damage. Evidence of such security arrangements shall be provided to MP-Music Veranstaltungstechnik Manuel Pütz upon request, including repeatedly. If the technical equipment and Rental Items have to be dismantled and reassembled by MP-Music Veranstaltungstechnik Manuel Pütz during a multi-day event due to inadequate security arrangements, the Event Organiser/Lessee shall bear the costs of dismantling and reassembly.
f) The Event Organiser/Lessee shall not be entitled to carry out repairs or modifications to the Rental Items or to change their basic technical settings without the consent of MP-Music Veranstaltungstechnik Manuel Pütz. Brand names and company markings, equipment and identification numbers of the manufacturer or of MP-Music Veranstaltungstechnik Manuel Pütz, standards plates and other labels shall remain unchanged on the Rental Items.
g) The Rental Items shall be returned to MP-Music Veranstaltungstechnik Manuel Pütz in the same condition in which they were handed over or delivered. Where necessary, the Event Organiser/Lessee shall arrange for the Rental Items to be cleaned. Acceptance of the Rental Items by MP-Music Veranstaltungstechnik Manuel Pütz shall not constitute a declaration that the Rental Items have been returned free of defects. Such a declaration shall always require a detailed inspection.
h) MP-Music Veranstaltungstechnik Manuel Pütz or its authorised representatives shall be entitled to inspect the Rental Items at any time and to verify the Event Organiser/Lessee’s compliance with these General Terms and Conditions. Any deficiencies or breaches of these General Terms and Conditions identified during such an inspection shall be remedied immediately by the Event Organiser/Lessee. If the Event Organiser/Lessee fails to do so, MP-Music Veranstaltungstechnik Manuel Pütz shall be entitled, but not obliged, to terminate the rental relationship without notice for good cause, repossess the Rental Items and charge the Event Organiser/Lessee for all costs incurred as a result of the Event Organiser/Lessee’s failure to fulfil its obligations under the contract and these General Terms and Conditions.
6. Defects and Liability
a) The Event Organiser/Lessee shall take out liability insurance for the event. In addition to MP-Music Veranstaltungstechnik Manuel Pütz, the insurance shall cover all services provided and all Rental Items supplied by MP-Music Veranstaltungstechnik Manuel Pütz. Evidence of the insurance shall be provided to MP-Music Veranstaltungstechnik Manuel Pütz upon request, including repeatedly.
b) Defects in a Rental Item shall be reported immediately. If the Event Organiser/Lessee wishes to assert further rights arising from a defect, any verbal notification shall, for evidentiary purposes, be repeated immediately in writing, at least in text form.
c) If a Rental Item has a significant defect, particularly a material malfunction, a reduction of the rental fee shall only be permissible subject to the additional requirement that the Event Organiser/Lessee proves that it is not responsible for the defect. To avoid a reduction of the rental fee, MP-Music Veranstaltungstechnik Manuel Pütz shall have the right to provide the Event Organiser/Lessee with a comparable replacement Rental Item within a reasonable period.
d) Liability on the part of MP-Music Veranstaltungstechnik Manuel Pütz for defects in a Rental Item, for delays in remedying a defect or for fault in other cases shall be excluded with regard to both direct and indirect damage. This exclusion shall not apply where the damage was caused by gross negligence or intent on the part of MP-Music Veranstaltungstechnik Manuel Pütz or in the event of injury to life or limb. Where MP-Music Veranstaltungstechnik Manuel Pütz is liable for damages, its liability shall be limited in amount to the damage that was foreseeable when the contractual relationship of use was established, unless MP-Music Veranstaltungstechnik Manuel Pütz acted intentionally. The foregoing limitations of liability shall apply accordingly to the legal representatives, employees and agents of MP-Music Veranstaltungstechnik Manuel Pütz.
7. Payment Terms
a) The remuneration or rental fee for the performance of services or the provision of Rental Items, including accessories, shall be determined in accordance with the price list valid at the time the contract is concluded, unless a different price has been agreed in writing.
b) All prices are net prices and are subject to the statutory value-added tax applicable at the time of payment.
c) Our invoices shall become due immediately and shall be payable within 14 days without deduction. Any cash-discount agreements or other payment terms must be expressly agreed in writing in order to be valid. Default interest shall be charged at a rate of nine percentage points above the applicable base interest rate per annum. The right to claim further damages, including reminder costs and similar expenses, shall remain reserved.
d) For equipment sets that are charged at flat rates together with accessories in accordance with the price list, the full rental fee shall also be payable if individual accessories are not supplied at the request of the Event Organiser/Lessee or are not used by the Event Organiser/Lessee.
e) Transportation costs and ancillary transportation costs, particularly tolls, customs-clearance costs and similar expenses, shall be borne by the Event Organiser/Lessee.
f) Payment shall be made using the agreed payment method. If no payment method has been expressly agreed, advance payment shall be deemed agreed. MP-Music Veranstaltungstechnik Manuel Pütz may issue interim invoices for longer rental periods.
g) If the Event Organiser/Lessee cancels the contract in whole or in part before handover or delivery, without MP-Music Veranstaltungstechnik Manuel Pütz being responsible for the cancellation, the following cancellation charges shall apply to the cancelled services:
Up to 60 days before the beginning of the rental period: 30% of the agreed amount
Between 59 and 30 days before the beginning of the rental period: 50% of the agreed amount
Between 29 days and 1 day before the beginning of the rental period: 70% of the agreed amount
Less than 24 hours before the beginning of the rental period: 100% of the agreed amount
h) MP-Music Veranstaltungstechnik Manuel Pütz shall have the right to terminate the contract for good cause if, shortly before or during the event, external circumstances arise that could adversely affect or destroy the technical installations or Rental Items. This shall apply in particular in the event of civil unrest, war, natural disasters or severe weather events, whereby a serious threat shall be sufficient. The same shall apply if the Event Organiser/Lessee fails to provide adequate protection through insurance or security arrangements. In such a case, MP-Music Veranstaltungstechnik Manuel Pütz may demand payment of the agreed amount, taking into account any other revenue received or expenses saved. Such other revenue or saved expenses shall be calculated on a flat-rate basis as a deduction of 25% of the contractual amount. The Event Organiser/Lessee shall remain entitled to prove that a higher deduction is appropriate.
i) In such a case, MP-Music Veranstaltungstechnik Manuel Pütz shall not be liable for any disadvantages suffered by the Event Organiser/Lessee or by third parties. In the internal relationship between the parties, the Event Organiser/Lessee shall indemnify MP-Music Veranstaltungstechnik Manuel Pütz against any third-party claims.
j) The Event Organiser/Lessee shall only be entitled to exercise a right of retention where such right arises from the same contractual relationship. Rights of retention of Event Organisers/Lessees who are merchants within the meaning of the German Commercial Code shall be excluded. The Event Organiser/Lessee may only set off counterclaims that are either undisputed or have been finally established by a court of law.
8. Miscellaneous
a) The Event Organiser/Lessee shall obtain all necessary permits and registrations, including building approvals, GEMA and IFPI registrations, and shall bear all associated costs as well as any other event-related charges, such as entertainment taxes.
b) From the commencement of delivery until the commencement of return transportation, and therefore throughout the entire duration of the event, an authorised representative of the Event Organiser/Lessee shall remain available at all times as a liaison for the technical management of MP-Music Veranstaltungstechnik Manuel Pütz. Upon request, this person shall be available on site without delay.
c) If overnight accommodation is required before, during or after the event for employees or artists of MP-Music Veranstaltungstechnik Manuel Pütz, the Event Organiser/Lessee shall bear the costs of appropriate accommodation and meals. Appropriate catering shall include at least one substantial and balanced meal, as well as non-alcoholic beverages and coffee, where setup and dismantling work exceeds six working hours. Where such work exceeds twelve working hours, two meals shall be provided. Employees attending the event shall generally be entitled to participate in the event catering unless separate crew catering is provided. The customer shall ensure access to toilet facilities at all times during setup and dismantling work.
9. Final Provisions
a) The Event Organiser/Lessee is hereby informed that its data will be processed and stored electronically for the purpose of performing the contractual relationship. MP-Music Veranstaltungstechnik Manuel Pütz shall, as a matter of course, comply with all applicable data-protection requirements, including the General Data Protection Regulation.
b) The laws of the Federal Republic of Germany shall apply exclusively. The place of performance shall be the place of handover. The place of jurisdiction shall be Euskirchen.