GENERAL TERMS AND CONDITIONS
CORPORATE FOOD CATERING GMBH
1. GENERAL PROVISIONS
The following terms and conditions apply to all business relations with clients (hereinafter referred to as: „Client“) and form the basis of all our agreements and offers, including all future ones, and apply exclusively.
Any terms and conditions of the Customer that conflict with or deviate from our GTC shall only apply if an express written agreement has been reached on their validity. Nothing to the contrary shall apply even if we provide services to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
The subject matter of this contract is the scope of services listed in the event agreement with the associated catering services provided by Corporate Food® Catering GmbH to the customer.
We reserve our property rights, copyrights and other industrial property rights to all illustrations, calculations, recipes, processing methods, drawings and other documents. These documents may not be made accessible to third parties, not even in part, without our express written consent.
2. OFFERS AND CONCLUSION OF CONTRACT
Our offers are always subject to change and non-binding, unless we have expressly designated them as binding.
In addition to the order by the customer, a separate order confirmation by us is always required for an effective conclusion of the contract, whereby this can also be implied by our performance.
The customer undertakes, insofar as necessary for our provision of services, to notify us in writing in due time before the start of the event of the definitive number of guests for the event on which the invoice is based. In the event of an increase in the number of guests by more than 100 persons, the written notification must be received by us no later than 14 working days before the start of the event. If the number of guests increases by less than 100 persons, the aforementioned period shall be reduced to 7 working days before the start of the event. If the number of guests stated in the order increases after conclusion of the contract, we are entitled to adjust the contractually agreed remuneration in accordance with the actual number of guests. In the event of an actual reduction in the number of event guests compared to the number of guests stated in the order, this shall constitute a partial termination of the contract by the customer and the following Section 8 (Termination) shall apply accordingly.
3. SCOPE OF SERVICES
The entire scope of delivery and services owed by us results from the event agreement made in writing between the customer and us. Subsequent changes and/or additions shall only be effective if agreed in writing between us and the customer.
Minor changes in the composition of individual dishes may occur for seasonal or quality reasons and shall not give rise to any claims on the part of the customer.
Should supply shortages of individual ingredients, dishes, beverages or equipment occur due to circumstances beyond our control, we shall be entitled to supply comparable ingredients, dishes, beverages or equipment in this respect.
4. PRICES AND PAYMENTS
All individual prices quoted by us are exclusive of value added tax at the statutory rate.
The invoice amount is due for payment without deduction immediately upon receipt of the invoice by the customer, unless another payment term has been agreed in writing. We shall be entitled at any time, without giving reasons, to demand delivery versus payment.
After conclusion of the contract, the customer shall receive an invoice on account for the amount of the down payment to be made plus VAT at the statutory rate, which must be received by us no later than 10 working days before the start of the event. If the customer does not make the down payment, does not make it in full or does not make it on time, we shall be entitled to a right of retention in accordance with § 273 BGB.
If there is a period of more than 3 months between conclusion of the contract and delivery, we shall be entitled to increase the originally agreed prices by a reasonable amount of up to 5% if there is good cause. An important reason exists in particular if our procurement costs have increased in the corresponding period.
The customer shall only be entitled to set-off, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, have been acknowledged by us or are undisputed.
5. DELIVERY DATES AND TIME OF PERFORMANCE
Delivery dates and performance periods shall only be binding if they have been expressly agreed as binding in writing.
However, delivery dates and performance times, even if agreed as binding, shall not commence until the customer has completely and punctually fulfilled all the requirements communicated to him in writing up to 2 weeks before the start of the event with regard to the logistics and infrastructure to be provided on site (location and scope of the required media connections, cordoning off, unloading and loading facilities, parking space for transport vehicles, etc.). Likewise, the customer shall duly and timely fulfill all other obligations incumbent upon it under the contract concluded with us so that the delivery dates and performance times begin for us.
We shall be entitled to make partial deliveries and render partial services at any time, provided that this is reasonable for the customer.
6. FORCE MAJEURE
Force majeure, labor disputes, riots, official measures and other unforeseeable, unavoidable and serious events, as well as delays in delivery due to traffic, shall result in a corresponding extension of the delivery and performance periods. If fulfillment of the contract becomes impossible for these reasons, both parties have the right to withdraw from the contract. In the event of withdrawal, we shall be entitled to invoice the customer for our services and expenses already rendered up to that point in time.
7. RENTAL OBJECTS/KITCHEN EQUIPMENT
All fees agreed upon for the transfer and provision of rental objects by us shall be calculated on the basis of calendar days. Unless otherwise agreed, the start of the rental period shall be the day of handover to the customer and the end of the rental period shall be the day of return to us. In the event of a late return, the customer shall owe us the full fee agreed for each calendar day commenced.
The customer shall have a duty of care for the rented items from the time they are taken over until they are returned. In the event of damage, destruction or loss of the rented items by the customer, by the customer’s guests or by third parties acting on the customer’s behalf, we shall be entitled to charge the customer for the costs of replacement or repair as well as any necessary rental costs for replacement items until replacement or repair with an additional handling charge of 10%.
In the event of damage or destruction, including loss, of kitchen equipment used by us at the event location, culpably caused by the customer or third parties acting on his behalf, we are also entitled to charge the customer for the costs of replacement or repair as well as any necessary rental costs for replacement items until replacement or repair with an additional handling charge of 10%.
If the customer exercises a statutory right of termination to which he is entitled without this having been caused by an important reason for which we are responsible, or if we terminate the contractual relationship on our part for an important reason, we shall be entitled to claim liquidated damages. In the event of termination, the amount of the lump-sum compensation shall be as follows
– up to and including 30 days before the start of the event, 20 % of the agreed net remuneration
– up to and including 14 days before the start of the event 30 % of the agreed net remuneration
– up to and including 7 days before the start of the event 50 % of the agreed net remuneration
– up to and including 3 days before the start of the event 75 % of the agreed net remuneration
– thereafter 85 % of the agreed net remuneration.
The customer shall have the right to prove that in the individual case we actually incurred less damage than the agreed lump sum or no damage at all. Instead of the lump sum, we may also calculate the remuneration to which we are entitled vis-à-vis the customer in concrete terms, according to the expenditure incurred by us, taking into account the individual and total prices of the offer. The assertion of further claims for damages remains unaffected.
The acceptance or handover of our services shall regularly take place immediately after delivery or provision of the goods and services at the agreed location. In this respect, the customer shall be obliged to be present on site himself or through an appropriately authorized representative at this time. In the event that the customer or a representative is not present, the time of use in accordance with the order shall be deemed to be acceptance at the latest.
Complaints of any kind, whether due to material or quality defects, deviations in the scope of delivery or incorrect deliveries, must be declared immediately within the framework of acceptance. Thereafter, all rights of the customer to reduce the purchase price shall lapse.9.3
Reasonable deviations in appearance, size, consistency, taste or in the composition of prepared food shall not be deemed to be defects in principle, unless we have given a guarantee of quality when the order was placed.
A warranty by us shall be excluded insofar as the defect has been caused at the place of performance by wear and tear, moisture, strong heating or improper handling or storage.
If, contrary to expectations, our services are defective or incomplete, we shall be entitled, in the event of a justified notice of defect by the customer, to remedy the defect by means of suitable replacement deliveries within a reasonable period of time, insofar as this can still be done during the respective event without significant delays. Claims for reduction or rights of withdrawal on the part of the customer shall only arise if the justified defect could not be remedied by timely subsequent delivery and the defect was not merely insignificant.
In all other respects, Clause 10 (Other claims for damages) shall apply to claims for damages by the customer on account of a defect. Further or other claims of the customer against us, our legal representatives and our vicarious agents on account of a defect than those regulated in Clause 9 shall be excluded.
10. OTHER CLAIMS FOR DAMAGES
Claims for damages by the customer, irrespective of the legal grounds, in particular for breach of obligations arising from the contractual obligation and from tort, shall be excluded.
This shall not apply in cases of mandatory liability, for example under the Product Liability Act, in cases of intent, gross negligence, injury to life, body or health or breach of a condition which goes to the root of the contract. However, the claim for damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract and to the amount of the agreed net remuneration, unless there is intent or gross negligence or liability for injury to life, limb or health. A change in the burden of proof to the detriment of the Customer is not associated with the above provisions.
Insofar as liability for damages against us is excluded or limited, this shall also apply with regard to the personal liability for damages of our legal representatives, our employees, staff and vicarious agents.
Third parties, in particular guests of the customer, cannot derive any rights against us from this contract. Insofar as claims are asserted against us or our employees by third parties due to non-fulfillment or breach of obligations incumbent upon the customer under this contract or by law, the customer shall immediately indemnify us against such claims upon first demand.
11. OTHER OBLIGATIONS OF THE CUSTOMER
Any permits required for the event must be obtained by the customer himself and in good time before the start of the event. The customer shall also be responsible for ensuring that the services to be provided by us are generally possible and permissible at the venue selected by him. In any case, the customer shall inform us in writing no later than 2 weeks before the start of the event whether and to what extent special local conditions, fire protection regulations or other specifications and guidelines of the venue are to be observed by us in the performance of the event.
The customer shall be responsible for the entire traffic safety obligation in connection with the event.
The production and in particular the publication of video recordings of our services at the event by the customer and/or his guests require our prior written consent. If such consent has not been granted on our part, the customer shall ensure in a reasonable manner that his guests also observe this obligation.
We alone shall be entitled to issue instructions to the personnel deployed by us at the event. In all questions concerning the course and organization of the event, the customer shall contact the person designated by us.
12. APPLICABLE LAW
The laws of the Federal Republic of Germany shall apply exclusively to these terms and conditions and to the entire legal relationship between us and the customer.
13. PLACE OF JURISDICTION
The place of jurisdiction for all legal proceedings is our place of business, provided that the customer is a merchant and the contract is part of the operation of his trade. We are also entitled to take legal action against the customer at his general or special place of jurisdiction.
14. SEVERABILITY CLAUSE
Should any provision of these terms and conditions and the further agreements made be or become invalid, this shall not affect the validity of the remainder of the contract. In place of the invalid provision, a provision shall apply that comes closest in economic terms to what the parties would have agreed if they had considered or recognized the invalidity. (Status (12/2012)