General Terms and Conditions (AGB)

BMUsik Veranstaltungstechnik GmbH & co. KG

1. Basic provisions

These general terms and conditions (AGB) apply to all contractual relations, sales, rentals and similar legal transactions, unless expressly stated otherwise in writing. We recognise different conditions of the contractual partner only if this has been expressly agreed in writing. Oral commitments or agreements – even through our employees – are valid only if confirmed in writing. The place of jurisdiction for all disputes is Berlin, provided that the contractual partner is a full merchant, a legal person of public law or a special public service.

Two. Orders and contracts

Orders must be made in writing. Information in catalogues, price lists or on our website is only for orientation and is not binding. Despite careful control, we reserve the right to correct printing and calculation errors. Changes in design, equipment or delivery are possible.
Our website does not constitute a sales portal, but serves exclusively for information. An automatically generated confirmation of receipt in enquiries does not justify a contract. After checking the request, the customer receives a binding offer. The contract is only concluded with the acceptance of this offer by the customer.
If BMUsik provides additional services beyond the offer, they will be calculated separately. The customer is informed about additional costs incurred. With the handover, pick-up or delivery of the lease, the contractual partner confirms that they are familiar with their use.

Note: In the case of consumer contracts in the distance sales, a right of withdrawal shall be waived if a fixed date/time period has been agreed or a customer-specific configuration has been made.

3. Cancellations by the customer

For orders up to a net value of €500, the customer can withdraw free of charge up to three days before the start of the rental. If cancellation takes place within this period, the full rental price must be paid.
If the order value exceeds €500, the following applies:

up to 30 days before the start of the rental: free of charge, but until then costs incurred are charged

29 to 20 days before: 25% of the agreed price

19 to 10 days before: 50% of the agreed price

from 10 days before: 100% of the agreed price

4. Force majeure

Where events of force majeure occur, both Parties shall be released from their contractual obligations for the duration of the impairment. If the service is permanently impossible, both sides may terminate the contract; Claims for damages are excluded. Higher violence includes war, governmental orders, sabotage, strikes, natural disasters, epidemics or geological events. Diseases with common consequences do not include this, except for the Robert Koch Institute, a disease warning is issued. Each Party shall immediately inform the entry of force majeure.

Five. Duration

The minimum rental period is one day and is calculated in full days.
The rental period begins with delivery or pick-up and ends at the agreed date. A previous return does not shorten the rental period. If the return does not take place in due time, the rental period will be extended automatically. Pickup and delivery take place – unless otherwise agreed – on working days between 10:00 and 18:00.

6. Prices, deposit, payment methods

All prices are based in Berlin in Euro and remain free. The customer bears costs for transport, insurance, packaging or additional services. Deposits may be collected and reimbursed after proper return. An additional rental amount will be charged for late return.
Payment shall be made, unless otherwise agreed, upon handover in cash. Prepayments, PayPal or other methods are possible upon consultation. Payments by invoice require express confirmation. Check and direct debit payments are excluded. Invoicing is possible only with undisputed or legally established claims.

7. Delivery

Deliveries are made, if agreed, until the first lockable door. The customer shall check and confirm the goods upon handover for completeness and freedom of defects. Complaints later are excluded. Deliveries are always at the risk of the customer. Damage compensation for delays is only possible with gross negligence or intent.

8. Payment terms

All invoices are due immediately without deduction unless otherwise agreed. In case of late payment, BMUsik may charge default interest and a processing fee of up to 40 €. If the customer is in default, rental items can be recovered.

9. Assembly

Installation services are performed only upon express request and against calculation. Required additional work necessary for the safety or performance of the contract shall be calculated by consultation. BMUsik is not liable for the work of third parties. The danger transfer is not influenced by assembly services.

10. Treatment of the lease

The customer is obliged to treat the rental items carefully and to protect them from damage, weather and theft. Powerful repairs are prohibited. Return is cleaned, complete and taken over. When picking up, the goods must be ready for transport.

11. Return

The return takes place as described in point 10. All items must be cleaned, complete and sorted ready.

12. Damage and loss

The customer is liable for all damages, losses or incomplete returns. Repair and recovery costs are calculated. In addition, BMUsik collects a processing tray (25 € to 100 € damages, 50 € from 101 €). During repair or repurchase, the rental loss is calculated. Insurance via BMUsik is possible, equity at least € 1,000.

13. retention of title

Supplied goods remain property of BMUsik until full payment. The customer is obliged to treat them carefully and, if necessary, to assure them sufficiently.

14. Transition of risks

The risk is transferred to the customer with handover or loading – even with forwarding or pick-ups. Care or assembly services do not change this.

15. Artists

For booked artists there is artistic freedom. Refunds in case of failure are excluded. If cancelled within 14 days before the date, 50% of the fee will be charged.

16. Return

BMUsik may withdraw from the contract if incorrect information has been made, payments have been terminated or insolvency has been requested. Claims for damages are excluded.

17. Warranty

In case of defects, BMUsik has the right to repair or replacement delivery. Only if they fail, can the customer reduce. Apparent defects must be reported immediately. Damage caused by improper handling is excluded.

18. Liability

BMUsik is liable only in case of intent, gross negligence, injury to life, body or health and in case of violation of essential contractual obligations. Liability is limited to predictable, typical damage. BMUsik is not liable for property damage caused by rental items, except in case of intent or gross negligence.

19. Data protection

Personal data is processed and stored solely in accordance with applicable data protection law. They serve for contract processing and, if necessary, subsequent services. Further information: Privacy Policy

Supplier-AGB

1. Scope

All orders issued by us are based exclusively on these conditions. Upon acceptance of the order, the contractor acknowledges it. Deviating provisions shall apply only if they have been confirmed in writing. These conditions also apply to future transactions.

Two. Order processing

Deliveries and services must comply with the agreed requirements. Prices and delivery periods are binding. The contractor shall bear the costs and risks of transport. Required documents and certificates shall be submitted unrequired.

3. Amendments

Additional services will only be remunerated if they have been announced in advance and confirmed by us.

4. Transition of risks

The danger will only pass through us with acceptance.

Five. Deficiencies

Open and concealed defects shall be eliminated immediately by the contractor. We reserve compensation and compensation costs.

6. Deadlines

Remedial deadlines or remedial of defects are set in such a way that we can otherwise obtain compensation in the event of non-compliance.

7. Special conditions

The contractor is obliged to provide services personally or through authorized employees. All costs are included in the agreed price unless otherwise specified. Use of auxiliary forces or props can be specified.

8. Customer protection

Direct contact to the customer is prohibited. Requests must be forwarded to us immediately. In case of violations, we reserve claims for damages.

9. Use rights

All rights of use and exploitation are fully transferred to us or to our customers.

10. Rights of third parties

The Contractor guarantees that no rights of third parties are violated.

11. Liability

In case of damage to third parties, the contractor shall indemnify us from any liability.

12. Brightness

All information received in connection with the order shall be kept strictly confidential.

13. Final provisions

German law applies. Jurisdiction is Berlin.