Our deliveries, services and offers are made exclusively on the basis of the following General Terms and Conditions and therefore constitute an integral part of all contracts that we conclude with our customers.
1. Scope of the General Terms and Conditions
These General Terms and Conditions apply to all delivery contracts, contracts for the leasing of objects as well as for the execution of events.
2. Services of Berlin Cuisine Jensen GmbH (hereinafter BC)
BC provides services and contributions in kind required to host events and it caters food. BC is permitted to transfer orders to sub-contractors. Until the order has been formally accepted, all offers are non-binding.
3. Delivery time
The delivery and service dates agreed with the contractor are binding. These dates are agreed separately for every contract and every change in the contract.
4. Payment, arrears, advance fee
Our invoices are due immediately without any deduction. In individual cases, BC is entitled to demand a reasonable advance fee, which will then be invoiced at the same that the order is confirmed. To this end, individual agreements will be made that take into account the order content and volume. If the payment of an advance fee has been agreed, the contract will be concluded only under the suspensive condition that the advance fee is paid in a timely fashion. For new customers, BC is entitled to invoice the entire order fee as an advance fee. Also in this case, a separate agreement regarding the specific fee amount will be concluded. In every case, a final invoice is issued after the execution of the order. BC normally grants customers a payment deadline of 14 days. This deadline can be shortened if an invoice is issued for an advance fee. Payment deadlines longer than 14 days must be agreed separately. After expiry of the payment deadline, a flat-rate reminder fee of 2.50 EUR will be charged for each reminder issued. The contractor may only offset our invoices with undisputed or legally established counterclaims.
5. Damages in case of withdrawal or termination (order cancellation)
If the customer withdraws from the contract or terminates the contract for reasons for which the contractor is not responsible, then the customer must pay a flat-rate compensation amount, which is staggered in the following way. The customer is at liberty to prove more minor damages and then to reimburse those instead.
– up to four weeks before the delivery date, 15% of the net order volume
– up to two weeks before the delivery date, 25% of the net order volume
If the order is cancelled within two weeks prior to the delivery date, the customer shall owe the entire order fee minus any saved expenses, that is, the contractor must deduct from the order fee any expenses for material and personnel that it can use for some other purpose. The above also applies if the customer is culpably responsible for the circumstances that cause the contractor to terminate the contract termination (e.g. a default in payment).
6. Transfer of risk and transport
If BC sends goods or rented objects to another location, the risk is transferred to the customer as soon as the goods or rented objects are handed over to the commissioned freight forwarder. If the shipment is made with BC’s own vehicles, the risk shall pass to the customer at the time of arrival of BC’s vehicles at the place of destination.
The organizer bears the risk for all objects brought by BC to the location, insofar as this location is not specified by BC as an integral part of the contract. BC does not assume any obligation to guard or store the objects and is not liable for the loss, destruction or damage of the objects, except in case of gross negligence or intent.
7. Warranty and promised characteristics
In terms of public law regulations, the customer is always the organizer. The customer therefore has to ensure compliance with regulatory requirements (for example, regarding noise pollution).
In addition, except in cases of intent and gross negligence, BC shall only be liable in the event of material breach of contract and only up to a maximum sum of EUR two million for personal injury and EUR one million for property damage. This does not apply to injury to life, body or health. The organizer is liable for all damages, for example, to buildings or inventory that are attributable to event participants, employees or other third parties that are attributable to organizer’s sphere (for example, guests) or those caused by the organizer itself. Claims of the customer on the basis of the absence of essential characteristics can only be asserted if these characteristics have been expressly promised by BC. In commissioning BC, the customer has also made the creative capabilities of BC a contractual object. In this respect, BC is permitted to exercise a certain degree of discretion in the context of the order placed by the customer. Therefore, it is the responsibility of BC to select individual components and/or employees based on BC’s own conviction regarding the best possible implementation of the relevant order, provided that this does not contradict any already promised characteristics. BC may also exchange products for other equivalent products should BC deem this necessary. Here, too, promised characteristics and special interests of the customer must always be taken into account to the extent that these have been agreed or are otherwise identifiable.
8. Final provisions
Deviations from these General Terms and Conditions must be stated in writing. Any contractual relationship is subject to the laws of the Federal Republic of Germany. The place of jurisdiction is Berlin.
Last updated: August 2017