General Terms and Conditions of TAFELSPITZ GmbH Full Service Catering
1. Scope of application, General
We render our services exclusively on basis of these General Terms and Conditions (GTC). The general terms and conditions are consider agreed, as long no protest is filed. Deviations are only effective when they get explicit confirmed in individual cases and in writing when signing contract.
2. Prices, Terms of Payment, Offsetting
- All prices are non-committal and exclusive statutory value-added tax.
- The invoices are due to payment without deduction within 10 days of access.
- In case of default, we will charge in each case interest additional to the base interest rate, 5% for consumer and 8% for companies.
- In the case of order cancellation, the client will be charged for caused cost. Minimum blanket amount for cancellation will be charged after following chart, indicated in percentage amount to the offered price:
- Cancelling up to 60 days prior to the agreed date: 20%
- Cancelling up to 30 days prior to the agreed date: 30%
- Cancelling up to 14 days prior to the agreed date: 50%
- Cancelling up to 7 days prior to the agreed date: 80%
- Cancelling up to 2 days prior to the agreed date: 90%
- Cancelling subsequently: 100%
Actual incurred costs are insofar to mind, as they are over the aforementioned flat rate – further-reaching demands, such as claims for compensation, remain reserved.
- Order acceptance can be made conditionally making an advance. If the contract stipulated a deposit, it is needed to be transferred 7 days prior to the agreed date; otherwise we are free from rendering services.
- The customer can offset counterclaims insofar as we have accepted them, or they are legally binding.
3. Scope of service, Retention of title
- Our performance includes all goods and services agreed to carry out the ordered contract, unless different stipulated.
- Relevant for the scope of service is our confirmation of order, as far as there are no different written or textual adjustments.
- All for the performance required items and materials, with the exception of food and drinks consumed during the event, remain our property and must be returned to us immediately after the event. The assertion of rights of detention shall be excluded by mutual agreement. Shortages - breakage of glass, dishes, etc., not caused by our staff - will be charged with the value of replacement.
- Of course we take care to comply with all deadlines. If this does not succeed in individual cases, the customer grants us a reasonable tolerance period of at least 60 minutes, unless a fixed delivery has been explicit agreed.
4. Minor menu deviations
Minor changes in our dining plan may arise due to season or quality.
Complaints must be reported verbally to the event manager immediate, in his absence to the driver or another employee working for us. Please check the goods at the time of delivery for defects and signalize any identified defects immediately. If within a reasonable time of arrival of the goods no defect is noticed, they apply to be accepted as faultless. Notifications of defects occurring for the first time after the end of the event are irrelevant.
6. Offer, Conclusion of contract
The conclusion of a contract requires written form. In order to stay effective contract amendments must also be made in writing.
7. Planning, Conception
- The copyright of all concepts, designs, graphics, drawings and other documents created by us or our agents is not transferable.
- We transfer the rights of use required for the respective purpose to the client. Unless otherwise agreed, only the simple right of use is transferred. A transfer of the rights of use to third parties requires a written agreement. The rights of use are only transferred after full payment of the remuneration. Exploitation rights are not transferred by us.
- Without the explicit consent concepts, designs and final artwork are prohibited to be changed, neither in the original nor in the reproduction. Any imitation - even of parts - is inadmissible. A violation of this provision entitles us to demand a contractual penalty in the amount of twice the agreed remuneration. If a fee has not been agreed, the usual remuneration according to the collective agreement for design services (SDSt/ AGD) shall be agreed.
- Proposals of the client or his staff members have no influence on the remuneration. In principle, they do not constitute a copyright. In general they do not constitute a co-copyright.
- According to the proviso of the following provisions of this paragraph we are liable for contractual and non-contractual claims.
- Liability in the case of gross negligence is limited to the typically foreseeable damage. Consequential damages will not be recorded. The limitations of liability of the two preceding sentences shall not apply, however, insofar as damages are caused by the management itself or by executives. The limitation of liability also does not apply if damage is caused by a serious organizational fault of the management.
- In the case of simple negligence, we shall be liable exclusively for the breach of contractual obligations, of which the fulfillment enables the proper execution of the contract, whose breach jeopardise the achievement of the purpose of the contract or whose compliance the contracting party may regularly rely on (so named “cardinal duties”). However, even in the case of breaching cardinal obligations, our liability is limited to the compensation for such damages, which must typically be expected to arise within the scope of the business underlying the respective contractual relationship.
- We are liable for intent, claims under the Product Liability Act, fraudulent concealment of a defect, acceptance of a guarantee and in cases of injury to life, limb or health in accordance with the statutory provisions without intervening limitations of liability according to above section 8.1 to 8.3.
9. Final provisions
- The place of fulfillment is the registered office of »TAFELSPITZ GmbH Full Service Catering«.
- Assigning claims arising from the contractual relationship concluded with us the customer needs our prior consent.
- Additional agreements and supplementary agreements of any kind for any contract concluded with us require the written form to be effective. This form requirement can only be renounced by written agreement.
- The ineffectiveness of one of the above conditions does not affect the validity of the remaining provisions. The same applies to impracticable regulations in contracts concluded with us. The respective ineffective or impracticable provision shall be replaced by an effective or enforceable provision which comes as close as possible to the economic purpose originally pursued by the parties. The same applies to any contractual gaps.
- The law of the Federal Republic of Germany is valid. UN sales law as well as with the law of the Federal Republic conflicting laws do not apply to contracts concluded with us.
© Greg Weller