General Terms and Conditions of Service of Pradler Veranstaltungstechnik GmbH & Co. KG

Version: June 2016

Pradler Veranstaltungstechnik GmbH & Co. KG (hereinafter referred to as “Pradler”) is a technical service provider for events. In addition to renting technical equipment for event and media technology, the range of services also includes setup and dismantling, planning and design of event technology, as well as technical event support. Pradler positions itself as a cooperative partner, aiming to assist its clients in executing events and contributing to their success. Recognizing that the success of an event significantly depends on the collaboration of the client and other factors, the following terms govern the conditions for services provided by Pradler. Deviating terms and conditions from the client are only valid if they have been explicitly agreed to in writing prior to the conclusion of the contract.

1. Offer and Conclusion of Contract

1.1. Offers are generally non-binding.

1.2. Contracts are considered concluded upon receipt of our order confirmation and its terms unless the customer objects immediately, but no later than within two working days. Both the order confirmation and the objection must be made in text form (e.g., email, fax, letter).

1.3. In exceptional cases, particularly when urgency is required, the order confirmation may be replaced by the delivery and handover of the event technology. In such cases, the scope of the contract is determined by the equipment handed over for use.

1.4. Pradler grants its customers the right to cancel contracts under the following conditions:

• Cancellation up to 60 days before the scheduled event date: 50% of the invoice amount;
• Cancellation up to 45 days: 75% of the invoice amount;
• Cancellation up to 30 days: 100% of the invoice amount.

2. Scope and Content of Services

2.1. Unless otherwise agreed, Pradler’s services do not include transportation or personnel services and generally consist solely of providing technical equipment for event and media technology. The rental period is defined as the time between the dispatch of the rental items from the warehouse and their registration at the return location (disposition period). This applies regardless of whether transportation is carried out by the client, Pradler, or a third party.

2.2. Product requirements and specifications are determined by contractual agreements and are supplemented by applicable safety, accident prevention, and other regulations of the Federal Republic of Germany. Differing product regulations from other countries affect the scope of quality only if their compliance has been expressly agreed upon in writing. Non-compliance with German regulations does not constitute a contractual breach if the public regulations at the event location are met.

2.3. Our product descriptions, promotional statements, contract specifications, catalogs, or other documentation, as well as any statements made during contract negotiations, do not constitute guarantees regarding the condition or durability of rental items. Any guarantee requires written confirmation and must be explicitly designated as such. A waiver of this written form requirement is only valid if agreed in writing.

2.4. Our goods and services are not considered non-compliant if minor shortages occur that result in only negligible impairment of the usability and functionality of the rented technical equipment and do not or only slightly affect their suitability for the intended contractual purpose.

2.5. In delivering its services, Pradler adheres to recognized technical standards and complies with legal and regulatory requirements. Pradler is entitled to provide partial services. Additionally, Pradler may employ subcontractors to fulfill its obligations. Pradler is liable for any negligence by subcontractors, while the client is equally responsible for any negligence by the event organizer or individuals they have commissioned, as if it were their own negligence.

3. Delivery Date and Delay

4. Acceptance of Rental Items and Services

4.1. The client is obligated to inspect delivered rental items for their actual availability as part of a proper business operation. Any apparent contractual non-compliance must be reported, specifying the type and extent, without delay and no later than before the start of the event. Defects that could not be detected during the initial inspection or arise later must be reported immediately upon discovery. If Pradler is unable to rectify the issue due to the client’s failure to report it, the client is not entitled to derive claims from the contractual non-compliance (§ 536 c para. 2 BGB).

4.2. If the planning and design of event technology are part of the contract, the client is entitled to request approval of the service before the start of the event. Such a request must be made in a timely manner. Any apparent defects must be reported immediately. Alleged defects that were or should have been apparent before the event begins do not constitute contractual non-compliance after the event has started.

4.3. If the parties cannot amicably resolve a disagreement about the design and execution of the service before the event begins, the provisions under section 5.1 apply accordingly. Execution in accordance with instructions does not constitute acknowledgment of the scope of services or a waiver of remuneration adjustments. Any claims for additional remuneration must be resolved after the event and do not entitle Pradler to withhold its services.

5. Cooperation and Duties of Assistance, Obligations for Return

5.1. The client or the event organizer commissioned by them is responsible for maintaining general order at the event and ensuring the smooth collaboration of the various companies involved. For this purpose, they are authorized to issue instructions necessary for the proper execution of the agreed services. These instructions must generally be directed solely to Pradler or its appointed representative in charge of execution, except in cases of imminent danger. If Pradler considers the instructions to be unjustified or impractical, it must raise its objections but is obligated to follow the instructions upon request, unless legal or regulatory requirements prevent this. If such instructions expand Pradler’s scope of services, the client must bear the additional costs unless the instructions pertain to aspects overlooked by Pradler in its contractually required and proper event planning/design.

5.2. If planning and design of event technology are part of the contract, the client or the event organizer is responsible for obtaining any necessary public permits and licenses (e.g., under building or traffic laws). The documents required for execution must be provided to Pradler free of charge and in a timely manner before submitting the proposal. These documents are binding for Pradler and must be reviewed for discrepancies if necessary for proper contract fulfillment. Required changes in services due to undetectable errors or inconsistencies in the documents must be compensated separately.

5.3. The rental items may only be assembled and dismantled in accordance with technical regulations and exclusively by qualified personnel. If the items are rented without personnel from Pradler, the client must ensure continuous compliance with all applicable safety regulations, particularly accident prevention rules (UVV) and the guidelines of the German Association of Electrical Engineers (VDE). The client is obligated to handle the rental items carefully and to professionally rectify at their own expense any defects or damages caused through their fault. Regardless, Pradler must be notified immediately of any errors or defects in the rental items.

5.4. The client is responsible for ensuring an uninterrupted power supply during the use of the rental items. The client is liable for damages resulting from power failures, interruptions, fluctuations (e.g., from backup generators), or network disturbances caused by other consumers.

5.5. The client is responsible for monitoring and securing the rental items at their location. In particular, the client must ensure the security of rental items in outdoor areas, easily accessible locations, or event tents by hiring professional security personnel. The client is liable for any rental items that are lost or damaged. They are also obligated to adequately insure the rental items and associated risks (e.g., loss, theft, damage, liability) through appropriate insurance policies. The insurance policy must be presented upon request.

6. Return of Rental Items

6.1. If the contractual agreement stipulates that the client collects the rental items from Pradler’s warehouse, the client must return the rental items in full, organized, and in a clean condition to Pradler’s warehouse at the end of the disposition period.

6.2. Accepting the returned items without objection does not constitute approval of their completeness or condition. Due to the sometimes extensive inspection required for the items, Pradler reserves a 10-working-day inspection period. During this period, Pradler may assert claims for defects that were not apparent during the initial registration and visual inspection.

6.3.

If it becomes apparent to the client that the agreed rental period will be exceeded, they must notify Pradler immediately in text form. Continuing to use the items does not result in an extension of the rental agreement. For each day beyond the agreed rental period, the client must pay compensation for use equivalent to the agreed daily rental fee. This fee is calculated by dividing the total agreed price by the number of days in the original rental period.

In addition, Pradler reserves the right to claim compensation for damages resulting from the late return of rental items. Such additional claims for damages require that Pradler explicitly demands the return of the items after the end of the agreed return period and informs the client of the potential further claims for damages.

7. Compensation and Payment Terms

7.1. Our services—if limited to the provision of technical equipment for event and media technology—become payable upon handover of the rental items. If planning and design services are part of the contract, the services become payable upon approval, but no later than the start of the event. Invoices must be paid by the client without deductions or discounts. In the event of payment delay, outstanding amounts will accrue interest at a rate of 9 percentage points above the base interest rate.

7.2. If advance or installment payments have been agreed upon, Pradler reserves the right to withhold the delivery of rental items until payment is made. If the client falls into arrears after the rental items have been handed over, Pradler may, after a grace period has expired without result, take possession of the rental items. The aforementioned rights do not apply if the client provides sufficient security in the form of a bank guarantee.

7.3. The client is only entitled to exercise a right of retention or to offset claims if their counterclaims are undisputed or have been legally established.

8. Warranty for Material Defects

8.1. The client must observe and adhere to the specified usage instructions and conditions provided for the rental items. Otherwise, Pradler assumes no warranty or liability for damages. This particularly applies to damages caused by unsuitable or improper use, faulty assembly or commissioning by the client or third parties, incorrect or negligent handling, unsuitable operating materials, or chemical, electrochemical, or electrical influences, provided they are not attributable to Pradler’s fault.

8.2. If the rental items are defective at the time of delivery or if a defect becomes apparent later, the client may request rectification after providing timely notification. This does not apply if the client caused the defect and/or is obligated to maintain or repair the rental items. Pradler may fulfill the request for rectification at its discretion by providing an equivalent rental item or by repairing the defective item. If rectification would involve disproportionate effort and the reported defect only causes a minor impairment of the usability of the rented technical equipment, Pradler is entitled to determine a reasonable reduction in price based on the total price and either deduct it from the agreed price or refund it to the client.

8.3. The client is entitled to a right to reduction or termination under the provisions of the German Civil Code (BGB) only if Pradler’s attempts at rectification have failed or if Pradler has declined rectification due to the associated costs as per the provisions of section 8.2.

8.4. If multiple items are rented, the client is only entitled to terminate the entire contract due to the defectiveness of an individual item if the rental items were rented as a cohesive set and the defect substantially impairs the functionality of the rental items as a whole, as stipulated in the contract.

9. Liability

9.1. We are liable for damages caused by a culpable breach of duty by us, our legal representatives, or vicarious agents, subject to individual or subsequent differing provisions, in accordance with statutory regulations.

9.2. If the damage results from a breach of duty caused by slight negligence, the liability for damages is limited to typical damages that were foreseeable at the time of contract conclusion and to the coverage amount of our business liability insurance. This limitation of liability does not apply to damages arising from injury to life, body, or health, nor to claims under the Product Liability Act. The client is obligated to inform Pradler at the time of contract conclusion about any circumstances that could lead to a liability risk and are not readily foreseeable by us.

9.3. Unless otherwise agreed in individual cases, we are not liable for consequential damages or indirect damages, such as lost profits, downtime, or contractual losses. This exclusion does not apply to culpable breaches of essential contractual obligations, intentional or grossly negligent conduct, or culpable injuries to life, body, or health.

9.4. If a third party incurs damage in connection with the service for which both contracting parties are liable under statutory liability provisions, the general statutory regulations apply to the apportionment of liability between the parties, unless otherwise agreed in individual cases. If the damage to the third party results solely from an action ordered by the client, the client bears the damage alone, provided that Pradler has pointed out any apparent risks associated with the execution of the order.

10. Final Provisions

10.1. Amendments and additions to the contract must be made in writing, including any waiver of this formal requirement.

10.2. The place of performance for all obligations arising from this contractual relationship and the exclusive place of jurisdiction for all disputes arising from or in connection with it is the business location of Pradler VT.

10.3. The entire legal relationship between the parties is governed by the law of the Federal Republic of Germany.

10.4. If any part of the contract, including these General Terms and Conditions, is or becomes legally invalid, the remainder of the contract and these terms shall remain valid. The invalid part or provision shall be replaced by a legally permissible provision that comes as close as possible to the intent of the parties.

General Terms and Conditions of Service of Picciau GmbH 

Version: June 2016 

Picciau GmbH (hereinafter referred to as “Picciau”) is a technical service provider for events. In addition to renting technical equipment for event and media technology, the range of services also includes setup and dismantling, planning and design of event technology, as well as technical event support. Picciau positions itself as a cooperative partner, aiming to assist its clients in executing events and contributing to their success. Recognizing that the success of an event significantly depends on the collaboration of the client and other factors, the following terms govern the conditions for services provided by Picciau. Deviating terms and conditions from the client are only valid if they have been explicitly agreed to in writing prior to the conclusion of the contract. 

1. Offer and Conclusion of Contract

1.1. Offers are generally non-binding. 

1.2. Contracts are considered concluded upon receipt of our order confirmation and its terms unless the customer objects immediately, but no later than within two working days. Both the order confirmation and the objection must be made in text form (e.g., email, fax, letter). 

1.3. In exceptional cases, particularly when urgency is required, the order confirmation may be replaced by the delivery and handover of the event technology. In such cases, the scope of the contract is determined by the equipment handed over for use. 

1.4. Picciau grants its customers the right to cancel contracts under the following conditions: 

• Cancellation up to 60 days before the scheduled event date: 50% of the invoice amount; 

• Cancellation up to 45 days: 75% of the invoice amount; 

• Cancellation up to 30 days: 100% of the invoice amount. 

2. Scope and Content of Services

2.1. Unless otherwise agreed, Picciau’s services do not include transportation or personnel services and generally consist solely of providing technical equipment for event and media technology. The rental period is defined as the time between the dispatch of the rental items from the warehouse and their registration at the return location (disposition period). This applies regardless of whether transportation is carried out by the client, Picciau, or a third party. 

2.2. Product requirements and specifications are determined by contractual agreements and are supplemented by applicable safety, accident prevention, and other regulations of the Federal Republic of Germany. Differing product regulations from other countries affect the scope of quality only if their compliance has been expressly agreed upon in writing. Non-compliance with German regulations does not constitute a contractual breach if the public regulations at the event location are met. 

2.3. Our product descriptions, promotional statements, contract specifications, catalogs, or other documentation, as well as any statements made during contract negotiations, do not constitute guarantees regarding the condition or durability of rental items. Any guarantee requires written confirmation and must be explicitly designated as such. A waiver of this written form requirement is only valid if agreed in writing. 

2.4. Our goods and services are not considered non-compliant if minor shortages occur that result in only negligible impairment of the usability and functionality of the rented technical equipment and do not or only slightly affect their suitability for the intended contractual purpose. 

2.5. In delivering its services, Picciau adheres to recognized technical standards and complies with legal and regulatory requirements. Picciau is entitled to provide partial services. Additionally, Picciau may employ subcontractors to fulfill its obligations. Picciau is liable for any negligence by subcontractors, while the client is equally responsible for any negligence by the event organizer or individuals they have commissioned, as if it were their own negligence. 

3. Delivery Date and Delay

3.1. Agreed delivery periods commence as soon as the client has fulfilled all obligations incumbent upon them. The client is only entitled to legal remedies for non-delivery after they have set us a reasonable grace period in writing. 

3.2. We are only liable for the consequences of delayed delivery if the delay is due to our fault and only to the extent that the delay is not caused by sovereign actions, labor disputes, a lack of suitable means of transportation or supply, acts of war, or other circumstances beyond our operational control. The same applies to fire, explosions, labor disputes, and other disruptions to operations that cannot be managed by reasonable efforts on our part. 

3.3. The client retains the right to withdraw from the contract in accordance with statutory provisions in any case. If the client withdraws, they are entitled to compensation for damages caused by the delay. This claim is limited, except in cases of intent or gross negligence, to a maximum of 50% of the agreed remuneration for the portion of the contract the client has withdrawn from. This limitation may be increased appropriately if the client has informed us in writing prior to the conclusion of the contract about a higher risk of liability or if such risk was otherwise readily apparent.

4. Acceptance of Rental Items and Services

4.1. The client is obligated to inspect delivered rental items for their actual availability as part of a proper business operation. Any apparent contractual non-compliance must be reported, specifying the type and extent, without delay and no later than before the start of the event. Defects that could not be detected during the initial inspection or arise later must be reported immediately upon discovery. If Picciau is unable to rectify the issue due to the client’s failure to report it, the client is not entitled to derive claims from the contractual non-compliance (§ 536 c para. 2 BGB). 

4.2. If the planning and design of event technology are part of the contract, the client is entitled to request approval of the service before the start of the event. Such a request must be made in a timely manner. Any apparent defects must be reported immediately. Alleged defects that were or should have been apparent before the event begins do not constitute contractual non-compliance after the event has started. 

4.3. If the parties cannot amicably resolve a disagreement about the design and execution of the service before the event begins, the provisions under section 5.1 apply accordingly. Execution in accordance with instructions does not constitute acknowledgment of the scope of services or a waiver of remuneration adjustments. Any claims for additional remuneration must be resolved after the event and do not entitle Picciau to withhold its services.

5. Cooperation and Duties of Assistance, Obligations for Return

5.1. The client or the event organizer commissioned by them is responsible for maintaining general order at the event and ensuring the smooth collaboration of the various companies involved. For this purpose, they are authorized to issue instructions necessary for the proper execution of the agreed services. These instructions must generally be directed solely to Picciau or its appointed representative in charge of execution, except in cases of imminent danger. If Picciau considers the instructions to be unjustified or impractical, it must raise its objections but is obligated to follow the instructions upon request, unless legal or regulatory requirements prevent this. If such instructions expand Picciau’s scope of services, the client must bear the additional costs unless the instructions pertain to aspects overlooked by Picciau in its contractually required and proper event planning/design. 

5.2. If planning and design of event technology are part of the contract, the client or the event organizer is responsible for obtaining any necessary public permits and licenses (e.g., under building or traffic laws). The documents required for execution must be provided to Picciau free of charge and in a timely manner before submitting the proposal. These documents are binding for Picciau and must be reviewed for discrepancies if necessary for proper contract fulfillment. Required changes in services due to undetectable errors or inconsistencies in the documents must be compensated separately. 

5.3. The rental items may only be assembled and dismantled in accordance with technical regulations and exclusively by qualified personnel. If the items are rented without personnel from Picciau, the client must ensure continuous compliance with all applicable safety regulations, particularly accident prevention rules (UVV) and the guidelines of the German Association of Electrical Engineers (VDE). The client is obligated to handle the rental items carefully and to professionally rectify at their own expense any defects or damages caused through their fault. Regardless, Picciau must be notified immediately of any errors or defects in the rental items. 

5.4. The client is responsible for ensuring an uninterrupted power supply during the use of the rental items. The client is liable for damages resulting from power failures, interruptions, fluctuations (e.g., from backup generators), or network disturbances caused by other consumers. 

5.5. The client is responsible for monitoring and securing the rental items at their location. In particular, the client must ensure the security of rental items in outdoor areas, easily accessible locations, or event tents by hiring professional security personnel. The client is liable for any rental items that are lost or damaged. They are also obligated to adequately insure the rental items and associated risks (e.g., loss, theft, damage, liability) through appropriate insurance policies. The insurance policy must be presented upon request.

6. Return of Rental Items

6.1. If the contractual agreement stipulates that the client collects the rental items from Picciau’s warehouse, the client must return the rental items in full, organized, and in a clean condition to Picciau’s warehouse at the end of the disposition period. 

6.2. Accepting the returned items without objection does not constitute approval of their completeness or condition. Due to the sometimes extensive inspection required for the items, Picciau reserves a 10-working-day inspection period. During this period, Picciau may assert claims for defects that were not apparent during the initial registration and visual inspection. 

6.3. If it becomes apparent to the client that the agreed rental period will be exceeded, they must notify Picciau immediately in text form. Continuing to use the items does not result in an extension of the rental agreement. For each day beyond the agreed rental period, the client must pay compensation for use equivalent to the agreed daily rental fee. This fee is calculated by dividing the total agreed price by the number of days in the original rental period. 

In addition, Picciau reserves the right to claim compensation for damages resulting from the late return of rental items. Such additional claims for damages require that Picciau explicitly demands the return of the items after the end of the agreed return period and informs the client of the potential further claims for damages.

7. Compensation and Payment Terms

7.1. Our services—if limited to the provision of technical equipment for event and media technology—become payable upon handover of the rental items. If planning and design services are part of the contract, the services become payable upon approval, but no later than the start of the event. Invoices must be paid by the client without deductions or discounts. In the event of payment delay, outstanding amounts will accrue interest at a rate of 9 percentage points above the base interest rate. 

7.2. If advance or installment payments have been agreed upon, Picciau reserves the right to withhold the delivery of rental items until payment is made. If the client falls into arrears after the rental items have been handed over, Picciau may, after a grace period has expired without result, take possession of the rental items. The aforementioned rights do not apply if the client provides sufficient security in the form of a bank guarantee. 

7.3. The client is only entitled to exercise a right of retention or to offset claims if their counterclaims are undisputed or have been legally established.

8. Warranty for Material Defects

8.1. The client must observe and adhere to the specified usage instructions and conditions provided for the rental items. Otherwise, Picciau assumes no warranty or liability for damages. This particularly applies to damages caused by unsuitable or improper use, faulty assembly or commissioning by the client or third parties, incorrect or negligent handling, unsuitable operating materials, or chemical, electrochemical, or electrical influences, provided they are not attributable to Picciau’s fault. 

8.2. If the rental items are defective at the time of delivery or if a defect becomes apparent later, the client may request rectification after providing timely notification. This does not apply if the client caused the defect and/or is obligated to maintain or repair the rental items. Picciau may fulfill the request for rectification at its discretion by providing an equivalent rental item or by repairing the defective item. If rectification would involve disproportionate effort and the reported defect only causes a minor impairment of the usability of the rented technical equipment, Picciau is entitled to determine a reasonable reduction in price based on the total price and either deduct it from the agreed price or refund it to the client. 

8.3. The client is entitled to a right to reduction or termination under the provisions of the German Civil Code (BGB) only if Picciau’s attempts at rectification have failed or if Picciau has declined rectification due to the associated costs as per the provisions of section 8.2. 

8.4. If multiple items are rented, the client is only entitled to terminate the entire contract due to the defectiveness of an individual item if the rental items were rented as a cohesive set and the defect substantially impairs the functionality of the rental items as a whole, as stipulated in the contract.

9. Liability

9.1. We are liable for damages caused by a culpable breach of duty by us, our legal representatives, or vicarious agents, subject to individual or subsequent differing provisions, in accordance with statutory regulations. 

9.2. If the damage results from a breach of duty caused by slight negligence, the liability for damages is limited to typical damages that were foreseeable at the time of contract conclusion and to the coverage amount of our business liability insurance. This limitation of liability does not apply to damages arising from injury to life, body, or health, nor to claims under the Product Liability Act. The client is obligated to inform Picciau at the time of contract conclusion about any circumstances that could lead to a liability risk and are not readily foreseeable by us. 

9.3. Unless otherwise agreed in individual cases, we are not liable for consequential damages or indirect damages, such as lost profits, downtime, or contractual losses. This exclusion does not apply to culpable breaches of essential contractual obligations, intentional or grossly negligent conduct, or culpable injuries to life, body, or health. 

9.4. If a third party incurs damage in connection with the service for which both contracting parties are liable under statutory liability provisions, the general statutory regulations apply to the apportionment of liability between the parties, unless otherwise agreed in individual cases. If the damage to the third party results solely from an action ordered by the client, the client bears the damage alone, provided that Picciau has pointed out any apparent risks associated with the execution of the order.

10. Final Provisions

10.1. Amendments and additions to the contract must be made in writing, including any waiver of this formal requirement. 

10.2. The place of performance for all obligations arising from this contractual relationship and the exclusive place of jurisdiction for all disputes arising from or in connection with it is the business location of Picciau VT. 

10.3. The entire legal relationship between the parties is governed by the law of the Federal Republic of Germany. 

10.4. If any part of the contract, including these General Terms and Conditions, is or becomes legally invalid, the remainder of the contract and these terms shall remain valid. The invalid part or provision shall be replaced by a legally permissible provision that comes as close as possible to the intent of the parties.