General Terms and Conditions of Business and Installation Opera GmbH & Co. KG
§ 1 Preamble
1.1 Opera GmbH & Co. KG (hereinafter referred to as the “contractor”) offers event technology for rent and sale including transport, set-up and dismantling as well as permanent installation under the brand name Opera-Eventtec. Event technology comprises lighting, audio, video technology, stage construction as well as the production and distribution of electricity required for events of all kinds.
1.2 Under its brand name Opera-Tent.com, the contractor offers roof systems for rent and sale as well as transport, set-up and dismantling.
1.3 The customer uses the event technology as well as the roof systems for private or commercial purposes.
§ 2 Scope of application
The following terms and conditions shall apply to all contractual relations with the contractor.
Any deviating terms and conditions of the customer shall only apply if the contractor gives its express consent in writing.
§ 3 Conclusion and contents of contracts
3.1 A contract with the contractor shall only come into existence by the contractor’s confirming the conclusion of the contract in writing. Any offers of the contractor shall be non-binding and without obligation.
3.2 The contractor reserves the right to perform subsequent technical changes as well as changes in shape and colour. The contractor shall notify the customer of this.
§ 4 Obligations of the contractor
4.1 In addition to renting and/or selling, the contractor shall be in charge of the set-up and dismantling of the roof systems and event technology (hereinafter also referred to as “event equipment”) as well as their transport to and from the site. The contractor shall provide the necessary personnel for set-up and dismantling, as well as for transport. In agreement with the contractor, helpers can be provided by the customer in individual cases.
4.2 Before conclusion of the contract, the customer shall receive an offer from the contractor comprising recommendations with regard to the event technology and the tent system. If the customer deviates from these suggestions, the contractor shall accept no liability for the compliance of the event technology and/or respective roof system with the requirements of the respective event and/or their suitability for the desired purposes.
4.3 The personnel required to set up, dismantle and transport the event equipment to and from the site shall be remunerated according to hourly or daily rates, invoiced on the basis of work actually done. To this extent, the amounts of hourly or daily work specified in the offer are estimates based on the contractor’s previous experience, which may be exceeded or undercut in the respective case.
§ 5 Obligations of the customer
5.1 The customer shall be obliged to pay the rental or purchase price within the agreed period. If advance payment has been agreed, the contractor shall not be obliged to perform its services until advance payment has been made by the customer as agreed. In the event of a sale of event equipment, the event equipment shall remain the company’s property until full payment has been effected. In the case of default the contractor shall charge default interest at a rate of five percentage points over the basic interest rate applicable at the time. The contractor reserves the right to assert further claims for damages caused by such default.
5.2 Moreover, the customer shall be obliged to provide terrain-capable lifting equipment suitable for the surface conditions at his own expense for the set-up and dismantling of event equipment. The contractor shall inform the customer of the lifting equipment required in the respective case prior to conclusion of the contract.
5.3 The customer shall ensure that the set-up and dismantling site of the roof systems and the event technology is freely accessible and that there are no physical or legal obstacles to set-up and dismantling.The customer shall be liable for any damage caused by delay during the set-up and dismantling of the event equipment and resulting from non-fulfilment of the aforementioned requirements. Delays and waiting times during set-up and dismantling shall be charged to the customer according to the agreed hourly personnel cost rates.
5.4 The customer shall ensure that employees or agents of the contractor have access to the event site and the event equipment at all times, including during the actual staging of the event. If access is refused to employees or agents and an accident should occur as a result, the customer shall be obliged to compensate the contractor for any resulting damages and to indemnify the contractor against claims of third parties.
5.5 In the event of withdrawal or cancellation by the customer, the contractor shall be entitled to reasonable compensation from the customer. The contractor may, at its discretion, claim a lump-sum compensation from the customer instead of specifically calculated damages.