GTC

General Terms and Conditions

Preamble
The general terms and conditions are divided into general conditions (A.) and special conditions for the respective contract types (B. - E.). The special conditions apply in addition to the general conditions.

  • A. GENERAL CONDITIONS
  • 1. scope of application
    1. These General Terms and Conditions apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). We shall only recognize terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions if we expressly agree to their validity in writing.
    2. These General Terms and Conditions shall also apply to all future transactions with the customer, insofar as they are legal transactions of a related nature (as a precautionary measure, the Terms and Conditions of Sale should always be attached to the order confirmation).
    3. Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.
  • 2. remuneration and terms of payment
    1. We shall invoice the remuneration agreed in the order confirmation immediately after the service has been provided. The invoice is then due for payment within 10 working days of the invoice date.
    2. Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in labor, material or distribution costs that occur 3 months or later after conclusion of the contract.
    3. The invoice amount must be paid stating the invoice number.
    4. The deduction of a discount is only permitted if agreed in writing.
    5. If defects are found in the service rendered or the goods delivered, the customer shall be entitled to retain a reasonable part until subsequent performance or subsequent delivery.
    6. Possible refunds | credit notes will be refunded to the bank account provided by the customer.
  • 3. data protection
    1. All data collected by PROTONES is treated confidentially and only used in accordance with the data protection regulations of the Federal Republic of Germany and the GDPR.
    2. Collected data is stored for the purpose of billing and service provision and only passed on to contracted service providers to the extent necessary for this purpose.
  • 4 Warranty and liability
    1. Warranty rights of the purchaser presuppose that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code).
    2. We shall only be liable for damages caused by us intentionally or through gross negligence. In the event of damage caused by simple negligence on our part, we shall be liable in the cases set out in Section 309 (7) BGB.
    3. Applicable law and place of jurisdiction
    4. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
    5. The General Terms and Conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
    6. Should individual provisions of these GTC be or become wholly or partially invalid or in need of amendment, this shall not affect the validity of the remaining provisions. The contracting parties shall agree on a new provision to replace the invalid or unenforceable provision that comes closest to the intended economic purpose.
    7. The place of jurisdiction is Lüneburg.
  • 5. other provisions
    • PROTONES reserves the right to amend these GTC and the latest version shall apply.
  • B. ADDITIONAL TERMS AND CONDITIONS FOR INSTALLATION, INTEGRATION AND SERVICE SERVICES
  • 1. scope of offer
    1. We would like to point out that our offers do not include any programming or software set-up work. Should the customer require the provision of such services, we will prepare a separate offer for this.
  • 2. conclusion of the contract
    1. If an order is to be regarded as an offer in accordance with § 145 BGB, we can accept it within two weeks.
    2. This requires written confirmation (email, fax, letter) by the customer.
    3. Quotations are prepared on the basis of our experience and do not necessarily include a site visit.
    4. We will request any necessary documents and information from the customer in order to prepare an offer. The requested documents must be provided promptly and completely by the customer.
    5. In doing so, we check whether we can provide the services offered without risks or defects.
    6. Upon order confirmation, we will carry out a site inspection if necessary and draw up a concrete plan. Any changes to the offer based on the findings of the possible site inspection and the planning will be updated and sent to the customer.
    7. Should the customer require specific planning including a site inspection by us prior to commissioning, we will prepare a separate quotation for this.
    8. The customer must inform us immediately of any changes to the general conditions. We reserve the right to make adjustments to the offer or the order.
  • 3. revocation
    1. The customer is not granted a right of withdrawal.
  • 4. scope of services
    1. Our employees will closely coordinate the services to be provided as described in the order confirmation with you. However, our employees are independent and not bound by instructions in the provision of services and no employment relationship is established. We reserve the right to involve other service providers in the provision of services.
    2. We require the timely and punctual receipt of all information, measurements, plans, approvals, etc. requested from you in order to provide the service on time. We reserve the right to invoice additional expenses in the event of delay on the part of the customer.
    3. The commencement of the provision of services specified by us is subject to the timely and proper fulfillment of the customer's obligations. The defense of non-performance of the contract remains reserved.
    4. Unless otherwise agreed, we rely on the customer to ensure that appropriate occupational health and safety measures are taken at the place of performance in accordance with §8 ArbSchG.
  • 5. acceptance and rectification of defects
    1. Upon completion of the service provision, we shall carry out an acceptance procedure with the customer.
    2. If the customer fails to carry out acceptance even after two written requests from us, the service provided shall be deemed to have been accepted without defects.
    3. Defects are documented in an acceptance report. We will rectify these by subsequent improvement. The deadline for rectifying the defects is specified in the acceptance report.
    4. If the supplementary performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
    5. Upon acceptance of the service rendered by the customer, we shall invoice all remaining services rendered under the corresponding contract.
  • 6. reservation of title
    1. Until full payment of all our present and future claims, we reserve title to the services rendered by us. This retention of title shall also extend to the products resulting from our processing, mixing and combining or, in the event of resale by the customer, to the claim arising from the resale.
  • 7 Remuneration and terms of payment
    1. For new customers, we reserve the right to obtain a credit report from the provider Creditreform. Depending on the respective credit rating index, we reserve the right to require full payment of the order amount in advance of the service provision (advance payment) for first-time customers.
    2. Any travel expenses will be invoiced in accordance with the offer.
    3. Travel times are working times and will be invoiced per employee in accordance with the fee rates agreed in the offer.
    4. We charge our daily rates for a working day of 10 hours, including a break. Any assignments in excess of this will be invoiced separately. Furthermore, we charge a surcharge of 25% between 20:00h and 06:00h and 40% on Sundays and public holidays from 00:00h to 24:00h.
    5. Accommodation costs are calculated per day and employee according to the offer.
    6. If no catering is provided for our employees, we charge EUR 28.50 per day per employee.
    7. We shall invoice the remuneration agreed in the order confirmation immediately after the service has been provided. The invoice is then due for payment within 10 working days of the invoice date.
  • 8. warranty
    1. A warranty period of one year applies to the services provided by us.
  • C. ADDITIONAL CONDITIONS OF SALE FOR SALES ITEMS AND INSTALLATION MATERIAL
  • 1. conclusion of the contract
    1. If an order is to be regarded as an offer in accordance with § 145 BGB, we can accept it within two weeks.
    2. This requires written confirmation (email, fax, letter) by the customer.
    3. Quotations are prepared on the basis of our experience and do not necessarily include a site visit.
    4. We will request any necessary documents and information from the customer in order to prepare an offer. The requested documents must be provided promptly and completely by the customer.
    5. Here we check whether we can deliver the goods offered (sales items, installation material) without risks or defects.
    6. With the order confirmation, we will carry out a site inspection if necessary. Any changes to the offer based on the findings of the possible site inspection will be updated and sent to the customer.
    7. If the customer wishes us to carry out a site inspection before placing the order, we will prepare a separate offer for this.
    8. The customer must inform us immediately of any changes to the general conditions. We reserve the right to make adjustments to the offer or the order.
  • 2. revocation
    1. The customer is not granted a right of withdrawal.
  • 3. general obligations of the customer
    1. The Customer must ensure that the relevant delivery information for goods to be delivered is transmitted to PROTONES clearly and in good time. We reserve the right to charge separately for any additional costs incurred due to late provision of information.
  • 4. transfer of risk
    1. If the goods are dispatched to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest when the goods leave the factory or warehouse. This shall apply irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.
  • 5. delivery
    1. If there is a delay in delivery for which we are not responsible, for example if the goods are not available from the supplier, we will inform the customer of this immediately.
    2. We reserve the right to make partial deliveries of goods to a reasonable extent.
    3. The customer must ensure free access to the installation area for installation material to be delivered.
    4. If a delivery of installation material cannot be made at ground level, the additional costs incurred will be charged to the customer.
    5. If there are delays in the delivery of installation material due to impassable delivery routes, these waiting times will also be invoiced.
  • 6. reservation of title
    1. We reserve title to the goods sold until all our present and future claims have been paid in full. This retention of title shall also extend to the products resulting from our processing, mixing and combining or, in the event of resale by the customer, to the claim arising from the resale. In the meantime, the customer is required to treat the reserved materials with care and to insure them adequately.
  • 7 Remuneration and terms of payment
    1. For new customers, we reserve the right to obtain a credit report from the provider Creditreform. Depending on the respective credit rating index, we reserve the right to require full payment of the order amount in advance of the service provision (advance payment) for first-time customers.
    2. It is agreed that advance payment must be made for installation materials. We will invoice the installation materials when they are ordered.
    3. Unless otherwise agreed in writing, our prices for goods (sales items, installation material) shall apply ex works including packaging and plus any necessary customs clearance and value added at the applicable rate.
  • 8 Warranty and rectification of defects
    1. Claims for defects shall become time-barred 12 months after delivery of the goods supplied by us to our customer.
    2. We exclude any warranty for the sale of used goods.
    3. If, despite all due care, the delivered goods have a defect that already existed at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity for subsequent performance within a reasonable period of time. Recourse claims shall remain unaffected by the above provision without restriction.
    4. In the case of permanently installed goods whose deinstallation involves intervention in the infrastructure created by Protones, provided that this is not defective, the travel and dismantling costs shall be borne by the customer. The defective device will then be repaired free of charge in the event of a warranty claim.
    5. If the supplementary performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
  • D. ADDITIONAL RENTAL TERMS AND CONDITIONS FOR THE PROVISION OF ENTERTAINMENT TECHNOLOGY INCL. SERVICES
  • 1. conclusion of the contract
    1. If an order is to be regarded as an offer in accordance with § 145 BGB, we can accept it within two weeks.
    2. This requires written confirmation (email, fax, letter) by the customer.
    3. Quotations are prepared on the basis of our experience and do not necessarily include a site visit.
    4. We will request the necessary documents and information from the customer in order to prepare an offer. The requested documents must be provided promptly and completely by the customer.
    5. In doing so, we check whether we can provide the services offered without risks or defects.
    6. Upon order confirmation, we will carry out a site inspection if necessary and draw up a concrete plan. Any changes to the offer based on the findings of the possible site inspection and the planning will be updated and sent to the customer.
    7. Should the customer require specific planning including a site inspection by us prior to commissioning, we will prepare a separate quotation for this.
    8. The customer must inform us immediately of any changes to the general conditions. We reserve the right to make adjustments to the offer or the order.
  • 2. revocation
    1. The customer may cancel the order. Cancellation must be made in writing (email, fax, letter). In this case, we shall charge the following flat rates, based on the date on which we receive the cancellation:
    2. Cancellation up to 21 days before the start of the order 25% of the order amount.
    3. Cancellation up to 14 days before the start of the order 50% of the order amount.
    4. Cancellation up to 7 days before the start of the order 75% of the order amount.
    5. Cancellation from 7 days before the start of the order 100% of the order amount
  • 3. scope of services
    1. Our employees will work closely with you to coordinate the services to be provided as described in the order confirmation. However, our employees are independent and not bound by instructions in the provision of services and no employment relationship is established. We reserve the right to involve other service providers in the provision of services.
    2. We require the timely and punctual receipt of all information, measurements, plans, approvals, etc. requested from you in order to provide the service on time. We reserve the right to invoice additional expenses in the event of delay on the part of the customer.
    3. The commencement of the performance or delivery period specified by us is subject to the timely and proper fulfillment of the customer's obligations. The defense of non-performance of the contract remains reserved.
  • 4. transportation, delivery and costs
    1. We charge transportation costs according to the offer for ground-level delivery with free access to the event area. If delivery is not to be made by us at ground level, we will charge for delivery by our employees per floor without an elevator.
    2. If there are delays in delivery due to impassable delivery routes, these waiting times will also be invoiced. Assembly and dismantling work is not included and will be charged additionally if required.
    3. The customer must ensure a paved surface on the approach to the assembly site, suitable for trucks and articulated lorries if necessary.
    4. The customer must provide any necessary passes for our vehicles.
    5. The customer must provide free parking facilities in the vicinity of the place of performance.
  • 5. general obligations of the customer
    1. With his signature, the customer confirms receipt of the above-mentioned material in perfect condition upon collection or delivery of the rental material.
    2. We provide the customer with technically sophisticated and flawless equipment. This may only be operated by expert personnel.
    3. If stage structures are erected, the customer must ensure that a solid and load-bearing surface with a height difference of less than 25 cm is available at the installation site.
    4. Qualified helpers for set-up, dismantling and loading may be required to ensure smooth set-up and dismantling; these are to be provided by the customer. The customer will be informed of any such requirements at an early stage. Our employees will instruct the helpers accordingly.
    5. If defects are discovered during the independent assembly, this must be reported to the following telephone number 04131244900. PROTONES will provide a replacement immediately.
    6. In the case of outdoor stage constructions, the customer must demonstrably ensure equipotential bonding of the structures by qualified personnel.
    7. Payloads, including advertising banners, sponsorship banners and flags, may only be inserted into stage structures with the express consent of PROTONES. The customer must submit a load plan for inspection no later than 14 days before the start of construction.
    8. In the case of stage constructions erected outdoors, the customer undertakes to take measures to measure the wind speed.
    9. From wind force 8, operations on our stage structures in the outdoor area must be discontinued and unrigged if they are planned laterally. For this purpose, instructed persons must be provided on site by the customer. PROTONES will coordinate a qualified storm watch.
    10. In the case of rented items, the risk during the rental period lies with the customer. The customer must ensure that the rented items are properly insured for the period. Furthermore, he must ensure that they are stored in lockable or guarded premises.
  • 6. return of the rental equipment
    1. Rental equipment must be returned by 12:00 noon on the agreed date upon delivery by the customer.
    2. In the event of late return by the tenant, PROTONES may charge compensation for loss, at least in the amount of the rent.
    3. After the return of the rental material, we will inspect it within 5 working days. If defects or missing parts are found that did not exist at the time of handover or were not reported by the customer, we will pass on any costs incurred to the customer.
  • 7. reservation of title
    1. The rental material remains the property of PROTONES.
  • 8. remuneration and terms of payment
    1. For new customers, we reserve the right to obtain a credit report from the provider Creditreform. Depending on the respective credit rating index, we reserve the right to require full payment of the order amount in advance of the service provision (advance payment) for first-time customers.
    2. Any transportation costs (man and material) will be invoiced according to the offer
    3. We charge our daily rates for a working day of 10 hours, including a break. Any assignments in excess of this will be invoiced separately. Furthermore, we charge a surcharge of 25% between 20:00h and 06:00h and 40% on Sundays and public holidays from 00:00h to 24:00h.
    4. Travel times are working times and will be invoiced per employee in accordance with the agreed fee rates.
    5. Accommodation costs are calculated per day and employee according to the offer.
    6. If our employees are not provided with catering, we charge EUR 28.50 per day per employee.
  • E. ADDITIONAL TERMS AND CONDITIONS IN CONNECTION WITH TRAINING COURSES (SPECIALIST COURSES)
  • 1. scope of application
    1. These additional conditions apply to all open seminars, further education and training measures.
    2. By registering, the participant accepts these General Terms and Conditions including the additional conditions in connection with training courses (Fachwerk - Professional Training).
  • 2. conclusion of the contract (registration)
    1. Registrations are binding. The contract for participation in the seminar is deemed to have been concluded when the registration confirmation and invoice are sent. If the customer does not receive the confirmation of registration or receives it with a delay, the contract shall be deemed to have been concluded if we do not declare our refusal within a period of 14 days.
    2. Binding registration for the events can be made in writing using the registration forms prepared for the customer by e-mail or fax. Alternatively, the customer can provide us with the name of the participant and the complete company address or invoice address with telephone and fax number and e-mail address.
    3. The registration will be booked by us in the order in which it is received. In the event of overbooking, the applicant will be informed immediately; a contract will not be concluded in this case.
    4. The prices stated in the registration form on the booking date plus VAT apply.
  • 3. revocation
    1. The customer has the right to withdraw from the contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. The revocation must be declared in text form (e.g. by e-mail or fax). Timely dispatch is sufficient to meet the deadline.
  • 4. cancellation
    1. Cancellation by the participant is possible free of charge up to 6 weeks before the start of the event. Up to 4 weeks before the start of the event, 50% of the participation fee plus VAT is due. In the event of a later cancellation or non-attendance at the event, the participation fees plus VAT must be paid in full.
    2. The customer may nominate a representative in place of the registered participant at any time. No additional costs will be incurred.
    3. Rebooking to another event date or another event is not possible.
    4. Cancellations and replacements must be notified to FachWerk - Professional Training in writing by e-mail or fax.
    5. Partial cancellations may result in an adjustment of the participation fee.
    6. There is no entitlement to compensation for a missed event day.
  • 5 Cancellation of events
    1. FachWerk - Professional Training reserves the right to cancel the event if the number of participants is too low or for other important reasons for which we are not responsible (e.g. force majeure, sudden illness of the speaker). Participation fees already paid will of course be refunded in full. No further claims can be made against FachWerk - Professional Training. This also applies to hotel rooms booked by the customer as well as flight or train tickets.
    2. Participants will be informed in good time if the event is canceled.
  • 6. reservations of change
    1. FachWerk - Professional Training is entitled to make necessary changes to the content, methodology and organization or deviations (e.g. due to current legal changes) before or during the event, provided that these do not significantly change the benefits of the announced event for the participant. If necessary (e.g. illness, accident), we are entitled to replace the scheduled speakers with other equally qualified persons with regard to the announced topic.
    2. There is no entitlement to courses being held by specific lecturers or at a specific teaching location.
  • 7 Prices and terms of payment
    1. Our prices are exclusive of VAT.
    2. The prices quoted include participation in the seminar, seminar documents, confirmation of participation, catering and drinks during the event.
    3. Not included are all other personal costs incurred by the participant, e.g. in the hotel (minibar, hotel bar, etc.).
    4. Participation in the qualification event for only part of the time does not entitle the participant to a reduction in the fee.
  • 8. copyrights as well as photo and video recordings
    1. All seminar documents are protected by copyright and are for the personal use of participants only. Any video and audio recordings, reproduction and publication of event documents as well as their transfer to third parties or other use is only permitted with the prior written consent of FachWerk - Professional Training.
    2. At some seminars, photos, videos and audio recordings may be made by FachWerk - Professional Training or by authorized persons. By participating in the event, the customer grants permission for the private and commercial use of these recordings. The customer or participant has the right to object to this permission in advance. In case of doubt, we ask the customer or participant to contact us in advance to find out whether and to what extent recordings are planned.
  • 9. liability
    1. Each person takes part in our events on his or her own responsibility and does not assert any claims arising from any consequences of participation.
    2. We select qualified instructors for the events. The documents provided as part of the training are prepared to the best of our knowledge and belief. We assume no liability or guarantee for the correctness, up-to-dateness, quality and completeness of the event content, the event documents or the achievement of the participant's intended goal. Nor do we accept any liability for any consequential damage arising from incorrect or incomplete event content.
    3. FachWerk - Professional Training shall not be liable for slightly negligent breaches of duty unless these relate to damages resulting from injury to life, limb or health or claims under the Product Liability Act are affected. Liability for material contractual obligations shall also remain unaffected. In the event of a breach of material contractual obligations, however, the participant's claims for damages shall be limited to compensation for foreseeable damage typical of the contract.
    4. The same limitations of liability apply to breaches of duty by the legal representatives, vicarious agents and assistants of FachWerk - Professional Training.
    5. No liability is accepted for accidents on the way to FachWerk - Professional Training courses or on the event premises.