GTC

General Terms and Conditions of Limelight Veranstaltungstechnik GmbH ("Limelight")

1. Liability

a. Limelight only accepts liability for direct or indirect damage and/or consequential damage and/or culpa in contrahendo through breach of duty by Limelight or its employees or agents in the event of willful intent or gross negligence. Liability under the German Product Liability Act (PrdHG) or under Art. 309 no. 7 German Civil Code (BGB) remains unaffected, as do other cases of statutory strict liability. Where Limelight is obliged to pay damages, said damages are limited to a sum equal to the agreed fee. In cases of limited or no claim against Limelight under this according agreement, the customer will indemnify Limelight and/or its agents from claims by third parties. 
b. The customer will be liable to Limelight for all damage caused by the customer itself or its agents and/or its guests and/or the venue personnel to Limelight and/or Limelight’s agents.

2. Unauthorized withdrawal from or termination of the agreement by the customer

If the customer withdraws from the Agreement without justification and/or terminates the Agreement without justification, the customer will be obliged to pay Limelight the agreed fee less any verifiable cost savings on the part of Limelight. In such case, Limelight will make all reasonable efforts to reduce the amount of damage by redeploying the unneeded resources elsewhere.

3. Special agreements concerning installation and operation of equipment at events

Installation and operation of equipment will take place in accordance with applicable local conditions and technical possibilities and under instruction from the event manager. Limelight will be informed in good time of the name of the event manager. Otherwise the agreements between the parties apply. Any stated promises concerning times of equipment setup and breakdown shall be understood as estimates only.

4. Special agreements in the event of rental of equipment and other mobile items

Equipment rental is calculated per full day or part thereof. A part-day is charged at the same rate as a full day. A date for returning the equipment that is agreed and/or specified on the delivery note is binding. Failure by the customer to return equipment by this date will be subject to a late penalty equal to the agreed rental charge per day at minimum. Limelight reserves the right to provide proof of higher damages and to claim same. The customer undertakes to inspect the rented items immediately upon receipt and to inform Limelight of existing faults. Otherwise the rented item will be deemed to have been supplied as agreed. The customer undertakes to test the rented item in the planned installation prior to the event. The customer may not provide the rented item to third parties. The customer shall treat the rented item with care and will be liable for any damage to the rented item caused by improper use. The customer is advised to arrange appropriate insurance cover. The rented items may only be used as intended. The customer will provide information to Limelight about the envisaged use of the item upon request and at the time of signing the Agreement at the latest. Limelight accepts no liability for items of third-party property which come into its possession during return of the rented items or are within said items. Return of the rented items does not constitute acceptance on the part of Limelight that the returned item is fault-free. Before further renting out the item, Limelight may inspect the rented item for faults within a reasonable period and claim damages if applicable. Consumables (e.g. smoke machine fluid etc.) and spent or non-reusable stage lighting bulbs will be billed separately to the customer.

5. Payment

Payment due dates are shown in the invoices and shall be observed by the customer unless payment conditions have been agreed otherwise in writing. The customer is only permitted to offset invoiced amounts against its own counter-claims where Limelight’s counter-claims are recognized in writing or res judicata.

6. Retention of title

In the case of contracts with consumers, Limelight will retain the property until the purchase price is paid in full. In the case of contracts with entrepreneurs, we will retain ownership of the goods until all outstanding receivables from the business relationship have been settled. The customer undertakes to inform us promptly of any access by third parties to our goods, any damage or destruction of the goods, and any change of address. Limelight is entitled to withdraw from the agreement and request return of the goods in the event of conduct constituting a breach of contract by the customer, particularly payment delay or default or breach of duty under these T&Cs or an individual agreement. Where the goods were sold to the customer, the customer is entitled to sell the goods during the ordinary course of business. The customer hereby assigns to Limelight all claims to the amount of the invoice that have accrued to the customer from the sale of the goods to a third party. Limelight accepts the assignment from the time of signing the Agreement and is entitled to disclose the assignment and to collect the assigned claim itself in the event of payment delay or default by the customer. Handling and processing of the goods by the customer is always on behalf of and on the order of Limelight. If items not owned by Limelight are processed, Limelight will acquire a share of ownership of the new item equal to the proportion of the items supplied by Limelight as a percentage of the other processed items. The same applies in cases where Limelight’s goods are mixed with other items.

7. Miscellaneous

a. Application of the UN Sales Convention (CISG) is excluded.
b. The place of performance and fulfillment is Gilching. 
c. Transport and shipping of goods or rented items is always at the customer’s risk, irrespective of regulations governing assumption of costs. This also applies when the transport or shipping is carried out by Limelight itself. 
d. Specifications, including those involving dimensions or weights, shown in drawings or photographs and handed to the customer by Limelight are only intended as approximate. The customer is personally responsible for arranging fulfillment of  all requirements under civil and administrative law, particularly official permits and approvals (e.g., building permits). 
e. The place of jurisdiction for customers with the status of registered merchants [Vollkaufleute] is exclusively Munich District Court (Munich Local Court, Munich District Court I).
f. All contracts concluded by Limelight are governed by these conditions unless otherwise agreed in writing. Deviations from this requirement of the written form must likewise be submitted in writing. Any Terms & Conditions provided by a customer shall only apply where they are consistent with those of Limelight or more favorable to Limelight. 
g. If individual clauses of these T&Cs are or become invalid or contain omissions, the validity of the other provisions in the Agreement will remain unaffected. The invalid clause shall be replaced by an appropriate clause that most nearly approaches the business intentions of the invalid clause. Omissions shall be rectified by the addition of a provision of a kind that the parties would have included had they considered the point in question.

 

In case of doubt the German version shall prevail: https://www.limelight-veranstaltungstechnik.de/de/agb.