General terms and conditions

Provider
Amplivision GmbH
Kienhorststraße 48, 13403 Berlin
Commercial register: HRB 249620 B, Charlottenburg Local Court (Amtsgericht Berlin-Charlottenburg)
Managing directors: Christopher Bade, Morris Bredlau, Daniel Dobrodinsky

§ 1 General

These general terms and conditions (GTC) apply to all contracts between Amplivision GmbH (hereinafter the „Provider“) and its contractual partners (hereinafter the „Customer“) concerning rental, service, work or purchase contracts.

Deviating terms and conditions of the Customer do not become part of the contract unless the Provider expressly agrees to their validity in writing.

By accepting an offer, the Customer acknowledges these GTC. Individual agreements must be made in writing and only apply upon written confirmation by the Provider.

§ 2 Offer and conclusion of contract

The Provider’s offers are subject to change and non-binding.

A contract is concluded when the Customer confirms the Provider’s offer in writing and the Provider issues an order confirmation.

The order confirmation may also be given by handing over the goods or by issuing an invoice.

The mutual obligations arising from the contract result exclusively from the agreement made in writing and from these GTC.

§ 3 Customer’s duties to cooperate

1. Duty to provide information

The Customer undertakes to provide all information and documents required to perform the contract in good time. If the Customer fails to comply with this obligation, the Provider is entitled to withhold its performance until the duty to cooperate has been fully met.

2. Safety

The Customer is responsible for compliance with all safety and health regulations within its area of responsibility. It informs the Provider in good time of all relevant safety and health risks connected with the performance of the contract and coordinates any necessary hazard prevention measures with the Provider.

If the Customer is an employer within the meaning of the German Occupational Health and Safety Act, it bears responsibility for the safety and health protection of the Provider’s staff at its place of deployment. If the Customer is the event organiser, it bears responsibility for all safety-relevant, organisational and technical processes of the event. If the Customer is the operator of an event or production venue, it ensures its safe condition as well as the safety of operational facilities and the work equipment provided.

3. Clear site access

The Customer ensures the clear site access necessary to carry out the work and grants the Provider’s employees and agents free access to the event or exhibition areas.

§ 4 Full-service events

This section applies to events at which Amplivision GmbH both provides the technical equipment (in particular in the area of audio, video and media technology) and takes over the technical support.

1. Rental period

The rental period is billed on a daily basis. Even partial event days are charged in full.

2. Use of subcontractors

Amplivision GmbH is entitled to use qualified subcontractors to carry out events.

3. Rights to performances and media content

The Client warrants that it holds all necessary rights to image, sound, film and other content shown or used in connection with the event, or that it has duly acquired the corresponding licences (for example GEMA, GEZ, software licences). The Client bears sole responsibility for the legal admissibility of the content. The Client indemnifies Amplivision GmbH against all third-party claims arising from possible infringements of protective rights as well as against any resulting costs and damages. This also applies to content or materials provided by the Client.

4. Access to technology

The Client undertakes to grant authorised employees of Amplivision GmbH access to the installed technology during normal business hours in order to allow maintenance, inspection or dismantling.

5. Location binding of the technology

Technical equipment may not be removed from the contractually agreed place of use without the prior written consent of Amplivision GmbH.

6. Marking and protection of ownership

Company logos, serial numbers, manufacturer markings or other attached notices may not be removed, covered over or altered. Attaching one’s own markings, stickers or labels to the property of Amplivision GmbH is prohibited.

7. End of the event

After the event has ended, Amplivision GmbH must be informed of its conclusion without delay in order to coordinate the dismantling of the technology.

8. Authority to issue instructions

The staff provided by Amplivision GmbH are subject exclusively to its authority to issue instructions. Instructions from the Client to the staff are not permitted. The sole on-site contact and supervisor of Amplivision GmbH is the designated project management, who must be reachable during the period of deployment.

9. Employer obligations

Amplivision GmbH undertakes to comply with all obligations under employment and social security law towards the staff it deploys. This includes in particular compliance with the Working Hours Act and the Occupational Health and Safety Act, as well as the timely payment of all statutory social security contributions.

10. Use of the Client’s power and technical networks

The use of the Client’s electrical or other technical infrastructure by equipment of Amplivision GmbH requires the Client’s prior consent. Amplivision GmbH is liable for damage or disruptions caused by such use within the scope of the provisions of these GTC.

11. Decoration and furnishings

Decorative elements or comparable materials provided by Amplivision GmbH must comply with the applicable fire safety regulations. The Client is entitled to request corresponding evidence (for example a B1 certificate). The placement of such materials must be coordinated with the Client in advance in order to avoid damage to buildings or facilities.

12. Pyrotechnics and special effects

The use of pyrotechnics, fog machines or other special effects always requires the prior written consent of the Client and, where necessary, official permits.

§ 5 Rental

1. Prices

All of the Provider’s prices are net, plus the statutory value added tax applicable at the time. Prices apply ex the Provider’s warehouse. Transport, setup and dismantling costs as well as costs for support staff are charged separately. Cash discounts are not permitted. The rental period is calculated by calendar days. Partial days count as full rental days. The minimum rental period is one day.

2. Deposit

For new customers or at the Provider’s request, a deposit of 25% of the replacement value of the rented items, but at least EUR 200.00, must be paid on handover. The deposit is refunded upon proper return of the rental item. At the Provider’s request, the Customer must identify themselves with a valid photo ID.

3. Payment terms

Once the contract has been concluded, the Customer remains obliged to pay the rental price even if it ultimately does not make use of the rental items. Unless otherwise agreed, self-collectors pay in cash or by debit card on collection. For events, payment is due, unless otherwise agreed, by invoice on the due date stated on the order confirmation. Deliveries to customers who pay in advance are only made after receipt of payment. In the event of late payment, the Provider is entitled to charge default interest of 5 percentage points above the base rate of the European Central Bank.

4. Rental duration

The rental period begins and ends on the dates agreed in the contract. If no specific times are stated, the rental period begins with handover to the Customer or, in the case of dispatch, with handover to the carrier. It ends only with the actual return of the rental items to the Provider. If the return is not made in good time, an additional daily rental charge becomes due for each day exceeded. Any further consequential costs, in particular additional costs for repeat journeys or delays vis-à-vis third parties, are charged to the Customer.

5. Place of performance

The place of performance is the Provider’s registered office in Berlin. If the Customer acts as an entrepreneur or a legal entity under public law, Berlin is agreed as the exclusive place of performance. If the Customer is a consumer, the place of handover stated in the contract applies as the place of performance.

6. Passing of risk

The risk of accidental loss or accidental deterioration of the rental items passes to the Customer upon handover. In the case of dispatch, the risk passes to the Customer as soon as the rental items have been handed over to the carrier. The risk remains with the Customer until the rental items are returned.

7. Reservation of changes

Should ordered rental items not be available, the Provider reserves the right to replace them with equivalent or higher-quality equipment, insofar as this is reasonable for the Customer.

8. Notification of defects

The Customer is obliged to inspect the rental items for completeness and proper condition immediately after handover. Obvious defects must be reported to the Provider without delay. Hidden defects must be reported immediately upon discovery. Later complaints, in particular after the equipment has been put into operation, are excluded. The return of the rental items is initially subject to a technical inspection. Defects identified and the resulting claims against the Customer are binding on the Customer. Rental items complained about must, on request, be returned to the Provider carriage-free. In the case of a justified complaint of defects, the Provider bears the transport costs.

9. Duties of care

The rental items must be handled carefully and in accordance with their intended use. In particular:

• All technical regulations and safety provisions, in particular accident prevention regulations and TÜV and DIN standards, must be observed.
• Rental items may only be used for their intended purpose.
• Electrical equipment may only be operated at the mains voltage intended for it.
• Rental items may only be treated with or have applied to them materials that can be removed without leaving residue.
• No structural changes may be made to stage or construction elements.
• Rental items must be transported in the transport cases intended for them. Cases must be protected against improper handling.
• The return must be made in the original condition. Changes or soiling are at the Customer’s expense.

10. Liability

The Customer is liable for all damage arising during the rental period or the loss of the rental items, even if this is caused not by the Customer itself but by third parties. In the event of damage, the Customer is liable up to the replacement value of the rental items. The Customer’s own repairs or repairs by third parties commissioned by the Customer are not permitted. The Customer bears the costs of daily maintenance and cleaning as well as of all necessary consumables (for example fog fluid, adhesive tape).

If a rental item is returned in an improper condition, the Customer owes the costs of the repair as well as, where applicable, the loss of rental income for the duration of the repair. In the case of material defects during the rental period that are not the Customer’s fault, the Provider is entitled, at its own discretion, to remedy the defects or to deliver a replacement.

For damage to the Customer’s property arising in connection with the use of the rental items, the Provider is liable only in the case of intent or gross negligence. For personal injury, the Provider is liable in the case of at least negligent breach of duty. If performance of the contract is not possible due to force majeure, liability on the part of the Provider is excluded. The export of the rental items abroad is only permitted with the prior written consent of the Provider.

For multi-day outdoor events, the Customer bears full responsibility for the technology, including liability for weather influences, theft or damage. In these cases, the Customer undertakes to ensure adequate security and insurance. The costs for this are borne by the Customer.

11. Termination and withdrawal

The Provider is entitled to terminate the contract without notice for good cause, in particular if:

• an application is filed to open insolvency proceedings over the Customer’s assets,
• the Customer makes a statutory declaration in lieu of an oath pursuant to section 807 of the German Code of Civil Procedure (ZPO),
• insolvency proceedings are opened or rejected for lack of assets,
• the Customer falls into arrears with payments,
• the Customer breaches material contractual obligations,
• rental items are used in breach of contract,
• rental items are taken to a place other than the agreed one.

Cancellation terms: If the Customer withdraws from the contract for whatever reason, Amplivision GmbH may, without proof of actual damage, demand flat-rate cancellation costs according to the following scale:

• up to 30 calendar days before the start of the rental or service: 30% of the agreed order value
• 29 to 10 calendar days before the start of the rental or service: 50% of the order value
• 9 to 4 calendar days before the start: 80% of the order value
• less than 4 calendar days before the start or in the case of no-show: 100% of the order value

Customer’s option to provide evidence: The Customer is expressly permitted to prove that Amplivision GmbH incurred less damage or no damage at all.

Form and receipt of the declaration of withdrawal: The withdrawal must be declared in text form (for example by email or in writing by post). The date on which the declaration is received by Amplivision GmbH is decisive for compliance with the deadlines.

Calculation of deadlines: When calculating the deadlines, the agreed start of the rental or service is not counted. The deadline ends at the close of the last day before the start of performance.

§ 6 Purchase

For the purchase of new goods, the Provider assumes the statutory warranty. No cash discount is granted. Deliveries are made under the Provider’s retention of title. Dispatch is made exclusively by advance payment or cash on delivery. Individual agreements must be made in writing.

§ 7 Creative services / media production

7.1 Adjustments and correction loops

Minor adjustments, such as the correction of typing errors, colour changes or minor modifications, are included in the offered scope of services. Changes going beyond this that are more complex in terms of content or technology and that are not covered by the initial project calculation are coordinated in advance and, unless a differing written agreement has been made, charged according to effort at the applicable hourly or daily rates.

7.2 Third-party services and additional costs

Costs for external services such as licence fees (stock material, music, etc.), photo or video productions, printing, transport, couriers or project-related travel (hereinafter „third-party costs“) are only included in the offer if they have been explicitly stated there. Depending on the concept, scope and final implementation, additional third-party costs may arise that are not included in the original offer. These are coordinated with the Client in advance and charged separately.

7.3 Clearance of rights / GEMA / third-party material

If the Customer commissions Amplivision GmbH to use or integrate copyright-protected material of third parties that requires clearance of rights (for example GEMA obligation, licences, usage rights), the clearance is carried out in the name and on the account of the Customer. In any case, the Customer indemnifies Amplivision GmbH against third-party claims in connection with any infringements of rights.

7.4 Release of open files

The handover of open, editable project files (for example Photoshop, InDesign, Premiere Pro or 3D files) is generally not part of the scope of delivery. Should the release be desired, this requires a separate agreement and remuneration.

7.5 Usage rights and scope

All media created within the scope of creative services are subject to project-related, limited usage rights. The granting of more extensive or exclusive usage rights, in particular unlimited use or use beyond the project, requires a written agreement and is offered and charged separately. In principle, the transfer of usage rights relates only to the final product (for example rendering, video, graphic) created on behalf of the Customer.

7.6 Own use by Amplivision GmbH

Unless express, written exclusive use by the Customer has been agreed, Amplivision GmbH reserves the right to reuse project-related ideas, concepts and content (for example layouts, drafts or visualisations) in anonymised form for its own advertising, references or portfolio purposes.

§ 8 Copyright and usage rights

8.1 Copyright protection

All content created by Amplivision GmbH, such as graphics, renderings, visualisations, technical drawings, seating plans or comparable media (hereinafter „Content“), is protected under the German Copyright Act (UrhG). The copyright remains entirely with Amplivision GmbH, even if usage rights are granted to the Customer.

8.2 Granting of usage rights

The Customer is granted a simple usage right limited in time and content for the purpose defined in the respective contract or offer. Unless otherwise agreed, this usage right ends when the contractually agreed period of performance expires. After the end of the contract, further use of the Content in any form whatsoever is no longer permitted.

8.3 Duty to provide evidence

The Customer is responsible for being able to prove, if necessary, that Amplivision GmbH granted it a corresponding usage authorisation for the content it uses.

8.4 Final provisions

Should a provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a provision applies that comes closest to what was economically intended.

§ 9 Place of jurisdiction

The place of jurisdiction for all disputes arising from the contractual relationship is Berlin, insofar as legally permissible.

Amplivision GmbH
Kienhorststraße 48, 13403 Berlin
HRB 249620 B, Charlottenburg Local Court (Amtsgericht Berlin-Charlottenburg)
Managing directors: Christopher Bade, Morris Bredlau, Daniel Dobrodinsky